He was suffering Autism
he had parkinsons
he was an addict
- Is foreseeability sufficient for a finding of negligence?
Mason states that first it must found that a reasonable man would have foreseen that his conduct could create a risk. Then, if there is a foreseeable risk the magnitude of the risk and the degree of probability must be considered in deciding whether or not the failure to take precautions is reasonable and acceptable.
The existence of foreseeability alone does not dispose of the question of duty – the other factors must be considered.