CONTRIBUTORY NEGLIGENCE, APPORTIONMENT, CAUSATION, BREACH OF STATUTORY DUTY AND THE EMPLOYEE

PERSONAL INJURY: LIABILITY AND DAMAGES

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.

THE CASE

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: