Question

This is an example of a negligence case related to medical industry. The case involved a junior biochemist, Dr. Strange. He is a summa-cum laude graduate who has just graduated from Harvard. Experience-wise, Dr. Strange is deemed as an amateur, who has less than three years working experience. He works with one of the big pharmaceutical companies in London, but he also has his own, personal lab at home - where he converted part of his garage into a small lab. This is the place where he conducts experiments and tests during his free time and weekends. As a junior chemist, he is registered with the Association of British Amateur Chemist accordingly. One of the stipulated requirements recommended by the Association is that a lab runs by an amateur chemist should be installed with a highly sensitive gas detector connected to a sprinkler system to deal with fires, hazardous fumes, and gas escapes. However, Strange did not equipped his lab with such system, because it is a costly investment and by that, he is obligated to convert his water supply system into a metered system, which will made the water supply to his house becomes highly expensive, another cost added to his list of expenses. As a junior biochemist, the total cost is way beyond his affordability.

In a recent experiment, Strange is working with Chemical X, which is a stable chemical in a protected environment (if properly dealt with in the lab). However, should the chemical be exposed and came into contact with water of exactly 80° Celsius, the combination would form a highly unstable explosive gas. Strange receives a parcel which contains Chemical X while he is working in his personal lab during a weekend. The chemical is packed in a flask and should be carried with caution. Since he is practically occupied in the lab at that time, he asked his nephew to receive the parcel and bring it to the lab in the garage where he conducts his experiments. Ben, his 11-year-old nephew lives next door and occasionally snoops into Strange's lab since the lab is unlock most of the time. Upon entering the lab, Ben tripped over some electric cables on the floor and bumped over the worktable which toppled a kettle and spilled Chemical X over the work surface. At that exact time, Strange was boiling some water for his instant ramen noodle, a convenient meal alternative while he is working in the lab. The electric kettle is also on the work surface and the water in the kettle has just reached exactly 80°C degrees when the incident happened. The combination of Chemical X and 80°C boiling water produced gas which led to a minor explosion due to chemical reaction which ignited sparks and there is no preventive system available to prevent its spread. The lab catches fire and Ben is injured due to flying debris during the explosion.

As a risk analyst, you have the following tasks:

i. Identify the major risks embedded in this case.

ii. Discuss whether Dr. Strange has breach his duty of care to Ben and could this case be brought to trial under negligence?

Answer 1

(i)

Major Risks

a. Failure to install highly sensitive gas dectetor connected to sprinkler system at his home lab due to high cost. This may lead to huge accident in a residential area

b. Irresponsible handling of dangerous chemicals

c. Asking his nephew to carry the highly sensitive chemical from the home to his garage

d. Untidy way in which the lab is maintained. There were cables on the ground , over which Ben fell

e. No wearing protective gears inside the lab

(ii)

Yes.

Rationale:

Dr.Strange is negligent to ask Ben to carry the chemical to his lab. It is Dr.Strange's duty to handle the unstable chemical carefully. However, he was responsible for causing harm to Ben and Dr.Strange is liable to pay compensation for the damages caused to Ben.