Exceptional risk cases (civilian)
The CICA have to apply the same set of criteria in civilian exceptional risk cases as they do with professional exceptional risk cases. Please read the article on Exceptional risk cases (professional) to understand the assessment the CICA apply.
It is unlikely that a civilian will have the necessary training nor ability to make a risk assessment in the way in which a trained professional such as a police officer or fire fighter would. In a case decided by the CICA, a homeowner challenged a burglar escaping from a neighbour's house. The homeowner gave chase and fell on uneven ground, sustaining a broken leg. The CICA accepted thast the risk was indeed exceptional.
In another case, a homeowner was asleep when someone broke her bedroom window with a brick. She was in bed at the time and quickly got up, with the intention of chasing the criminal. As she approached the top of her stairs, she slipped on a child's toy and fell down the stairs, sustaining a serious fracture to her hip. The CICA considered that the risk was not exceptional. It was not the brick that had directly caused the injury. There was a risk but it was not exceptional in the scenario.
Of course, the CICA examine each application on its merits. An exceptional risk is a riak that is out of the ordinary. A risk that is not something that is routine. It has to be novel or unusual in respect of the circumstances of the incident.
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