The realism of life will however have to be taken into account. A person cannot do everything by himself (Carmarthenshire County Council v Lewis). Therefore, Mr Benn who did not notice that Andy was sitting on the edge of the unstable bench in the lab while he was out the room disciplining a child who had been misbehaving was not negligent. However, the unstable bench in a weekly used lab is reasonably noticeable. Here the failure to replace an unstable bench may be seen as a breach of the duty of care. The test is whether by not replacing the bench the school failed to provide a reasonable standard of care. However, it is arguable whether the replacement of the bench would have prevented Andy’s injuries from his incidental activities. This may be taken into consideration by the court under section 1 of the Compensation Act 2006.
Mr Benn administered first aid to Andy. However, his pulling some glass from Andy’s arm made one of his injuries much worse. This needs to be taken into account whether a reasonable person would do so if he/she is without professional first aid knowledge as the magnitude of the risk should be considered especially when another person has already been injured. Mr Benn should wait or ask for the assistance of the ambulance if the aiding process is beyond his ability. But for Mr Benn’s conduct, Andy’s injury would not be as bad (Fairchild v Glenhaven Funeral Services). Therefore, Mr Benn has breached his duty of care in this situation.