The Problem of Public Authority Negligence Liability

For a number of reasons the courts have exhibited some wariness about imposing liability on public authorities. They are concerned that the threat of negligence liability might hamper the authority in its attempt to discharge its public duties, or that the limited resources of a public authority should not be spent compensating those whom the authority failed to protect from harm. There is also a concern that decisions about the allocation of public resources should be made not by the courts at all but by the authorities themselves, which are generally answerable to political processes. It is apparent that such consideration does not arise in relation to negligence claims brought against private parties, and this book attempts to examine the principles the courts have formulated to determine how defendants’ liabilities are affected by the fact that they were discharging public obligations at the time of their alleged negligence.