causation cases Flashcards
Barnett v Chelsea and Kensington hospital
Men went to hospital with arsenical poisoning. Were incorrectly diagnosed and sent home and told to see they’re own doctors. They were found dead hours later. Because arsenical poisoning are rare and even if examined the chances of getting the antidote were very unlikely. Therefore the hospital was not liable.
Compulsive gambler graham Calvert
Had gambling problems and asked William stead to close his account and not let him reopen it but they did and he got in serious debt. William stead had failed in their duty of care but couldn’t claim all the money he lost as he would have bet it somewhere else.
Cook v Lewis
2 men were shooting. One hit somebody but unable to tell which one. The but for test would have lead to an unjust outcome. So both were found guilty.
McGhee v national coal board
C exposed to brick dust. It was innocent exposure while at work then guilty while biking home as they did not provide washing facilities. The company were found guilty when C contracted a disease as they materially increased the risk.
wilsher v Essex AHA
Child was born premature and given excess oxygen. He contracted a condition which could have came from the excess oxygen or from being prematurely born. As unable to tell which it was or not more than 50% sure the hospital was not liable.
Hotson v East Berkshire Area Health Authority.
Young boy fell out of a tree, fractured his hip. Hospital failed to diagnose it and when he went back 5 days later he was treated but had a avascular necrosis and became permanently disabled. But if he had been originally diagnosed there was still a 75% chance of becoming disabled therefore the doctors were not liable.
Gregg v Scott
C had cancerous lumps hospital didn’t diagnose correctly and by the time was diagnosed very small chance of getting rid of it. However was small chance from the start. So hospital not liable.
Fairchild v Glenhaven funeral service
Gained mesothelioma from asbestos but there were many employers that could be responsible. -6 steps all equally labeled liable.
Barker v chorus
Multiple employers gained mesothelioma from asbestos. Each employee was proportionally liable.
Re Polimis
Deopped a wooden plank on the back of a truck. Cause large damage as hit flammable tins the truck causing a fire.
Wagon mound
Spilled oil on Cs wharf. C asked if flammable. Told no. Continued welding. Was flammable. Cause fire. D only liable for the oil spill couldn’t reasonable foresee a fire.
Hughes v Lord advocate
Young boy dropped a oil lamp into an unmanned hole. Cause an explosion. Could reasonably foresee type of dame so liable. Even if not extent.
Smith v leech brain
C had a precancerous lump which would become cancerous if burnt. D negligently burnt it causing it to become cancerous.
McKew v Holland
In work accident hurt his leg. Went down steep stairs with no handrail or help. Fell and broke ankle. Courts decided he had acted unreasonably so broke the chain of causation.
Weiland v Cyril Lord carpets.
Hurt her leg in a work accident. Going down stairs with help from son and handrail till near the bottom. Fell and broke ankle. Was acting reasonable as had help since handrail didn’t go all the way down so didn’t break the chain.
