The plaintiff asked the defendants to arrange for her ears to be pierced. The defendant referred her to a third party jeweller. The jeweller appeared to take proper steps to keep the wounds disinfected, but an abcess developed.
Held: A jeweller could not be expected to take the same steps as would be taken by a surgeon, and in this case had taken all reasonable steps to avoid infection: ‘I do not think that a jeweller holds himself out as a surgeon . . If a person wants to ensure that the operation of piercing her ears is going to be carried out with that proportion of skill . . that a Fellow of the Royal College of Surgeons would use, she must go to a surgeon. If she goes to a jeweller she must expect that he will carry it out in the way one would expect a jeweller to carry it out’.
It had not been shown that the infection entered the ear at the time when it was pierced.
Otherwise: Philips v William Whiteley Ltd; Philips v Wm Whiteley Ltd
Judges:
Goddard J
Citations:
[1938] 1 All ER 566, [1938] 54 TLR 379, [1938] 82 Sol Jo 196
Jurisdiction:
England and Wales
Negligence, Personal Injury
Updated: 29 January 2022; Ref: scu.190058