In Blackmore -v- The Department for Communities and Local Government ( Exeter County Court 23rd October 2014 – reported on Lawtel) HH Judge Cotter Q.C. made important observations about issues of contributory negligence and apportionment in cases where the defendant is in breach of statutory duty to an employee.
This was a fatal accident claim where Mr Hollow died as a result of lung cancer. Liability was admitted for breach of duty and damages agreed. The sole issue was whether, and the degree to which, Mr Hollow’s smoking should lead to a finding of contributory negligence. This involved a consideration of the relative contribution to Mr Hollow’s death of smoking and lung cancer.
THE FINDINGS OF FACT
The judge had to consider the relative risks “RR” of asbestos and smoking. This was further complicated by the (agreed) facts that there was a lack of knowledge of the risks…
View original post 230 more words