In Mitchell v Glasgow City Council [2009] (see 4.2 below), there was no assumption of responsibility by the council to protect the claimant.

4.1.1.2 The defendant has a position of responsibility • Some examples are:

• a parent has a duty to rescue their child

• a doctor has a duty to help their patient

• a captain has a duty to rescue a passenger

• a lifeguard has a duty to rescue a swimmer

• the police have a duty to help a prisoner.