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Negligence – Joint tortfeasors. The second defendant lifeguard and a swimming teacher were found to have been liable in negligence for injuries suffered when the claimant nearly drowned during the course of a school swimming lesson. The third defendant local authority was found to have breached its duty of care owed to the claimant. The authority sought a complete indemnity of 100% of its liability to the claimant from the second defendant or a contribution of 50%. The Queen's Bench Division held that it was not just and equitable that the second defendant indemnified the authority for the totality of the claimant's damage. However, the second defendant should contribute one third to the authority's liabilities to the claimant, in respect of damage and legal costs.
Negligence – Joint tortfeasors. The second defendant lifeguard and a swimming teacher were found to have been liable in negligence for injuries suffered when the claimant nearly drowned during the course of a school swimming lesson. The third defendant local authority was found to have breached its duty of care owed to the claimant. The authority sought a complete indemnity of 100% of its liability to the claimant from the second defendant or a contribution of 50%. The Queen's Bench Division held that it was not just and equitable that the second defendant indemnified the authority for the totality of the claimant's damage. However, the second defendant should contribute one third to the authority's liabilities to the claimant, in respect of damage and legal costs.
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