Causation Flashcards
1
Q
Barnett
A
- Man went to hospital for stomach pain
- Doctor did not properly examine him
- Dies of arsenic poisoning that night
- Not factual causation as the patient would have died anyway
2
Q
Barrington v Wardlow
A
- Employee exposed to two types of dust in the workplacee
- contracted lung disease
- however, one was innocemt and the other negligent
- Court held that the source was enough to prove contribution to the disease
3
Q
McGhee v National Coal Board
A
- employee worked in brick kiln
- got dermatitis
- question was whether it was an immediate or long term issue
- employer did not have cleaning facilities at workplace
- court held that this was enough to contribute to negligence
4
Q
Fairchild
A
- Employee got cancer
- worked for three different employers who all exposed to contracting the disease
- sued most recent employer
- Although they could not prove that the final employer was the one that caused the illness, they could argue that they contributed to it on the balance of probabilities
5
Q
Wilsher v Essex Area Authority
A
- Premature birth
- near blindness
- this was a known risk
- also negligence however due to excessive oxygen given by doctor
- this risk was not known
6
Q
Hotson
A
- Man went to hospital with sore leg with 75% chance of limp
□ 100% after the hospital - Denied 25%
7
Q
Phillip v Ryan
A
- Delayed diagnosis
- €5k awarded for reduced life expectancy
8
Q
Morrissey v HSE
A
- P victim of negligent reading of cervical check slides
- had they been read correctly
- simple procedure
- less than 5% chance of pre-cancer reoccurance and less than 1% of invasive cancer developing
- due to the inaccurate reading, P had approx 2 years to live at time of trial
- Loss of chance could apply in these cases
9
Q
Smith v Leavy
A
- Deceased had heart condition and would have died anyway
- negligence of D caused him to have operation
- Died from heart condition on operating table
- D held responsible
10
Q
Crowley v AIB
A
- P Suffered serious injuries when he fell off a flat roof of an AIB building
- Architects avoided liability
11
Q
Smyth v Industrial Gases
A
- D’s car dropped lime putty on road
- Schoolboy picked it up and threw it at another causing a serious eye injury
- held no break in causation as it was foreseeable that a child may throw it
12
Q
Breslin v Corcoran
A
- D briefly left his car unattended and keys in ignition on a busy city centre street
- Car stolen and pedestrian injured
- held that there was a break in the chain of causation
13
Q
Conole v Redbank Oyster Co
A
- P’s daughter drowned in a boating accident
- boat had been negligently constructed by a third party
- had been declared not seaworthy
- Chain broken by employee
14
Q
McKew v Holland
A
- P was told not to use stairs
- Held decision to descend stairs was enough to break chain
15
Q
Re Polemis
A
- established rule of remotensess where damage is foreseeable and D is liable for all damage caused
16
Q
Wagon Mound
A
- Current test for foreseeability
- Ship docks and negligently causes oil spillage in water
- other wharf affected
- oil ignited days later and burned ships
- held that they were liable for damages that were of a type that could be reasonably foreseen
17
Q
Hughes v Lord Advocate
A
- Tent pitched up over manhole
- Defendants were on tea break and did not guard the tent
- P was ten year old boy who dropped a lantern into the manhole which caused an unlikely explosion
- P suffered brain injuries
- Held that, despite the situation being strange, the damage was foreseeable
18
Q
Smith v Leech Brain
A
egg shell skull rule applies
19
Q
O’Hanlon v ESB
A
Necessary to prove some intercourse or communication
20
Q
McComiskey v McDonald
A
- Sticker on car said that driver drove at their own risk
- Sued after crashed the car and injured
- No agreement seen
21
Q
Byrne v Ryan
A
Must be clear that the plaintiff consented to the risk of harm arising from the defendant’s negligence
