Dunnage v Randall

A person suffering a mental illness is judged by the objective standard of a reasonable person, unless the illness completely eliminated his responsibility for his actions.

Citation
[2015] EWCA Civ 673, [2016] QB 639
Court
Court of Appeal (Civil Division)
Year
2015
Subject
Tort Law
Topic
Breach of duty

Facts

Mr Randall, who was suffering from an undiagnosed paranoid schizophrenic illness, doused himself in petrol and set himself on fire at his nephew's house. His nephew, Mr Dunnage, was badly burned trying to stop him, and Mr Randall died. Mr Dunnage sued Mr Randall's estate, which argued that he had not been negligent because his illness meant that he could not appreciate what he was doing.

Legal principle

The Court of Appeal held that the estate was liable. Rafferty LJ said that the standard of care is objective, and a defendant's mental illness does not reduce it, unless the illness entirely eliminated his responsibility for his conduct, so that his actions were not voluntary at all. Mr Randall's illness had impaired his judgment, but he had been able to act deliberately, so his conduct was judged against the standard of a reasonable person, which it clearly fell below.

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