The plaintiff was exposed to asbestos in 1952 and 1953 and later diagnosed with asbestosis.
Held: He had suffered no injury by 4th June 1954 because physical injury would not occur for at least 5 (and more likely 10 – 20) years after exposure. Destruction of cells by macrophages or neurophils was not damage or injury for the purpose of creating a cause of action since destruction of cells in this way was a natural incident of daily life. This was so even on the basis that the claimant would, inevitably, suffer from asbestosis once exposure had begun.
Judges:
McCullough J
Citations:
Unreported, 17 November 1988
Jurisdiction:
England and Wales
Cited by:
Cited – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Appeal from – Guidera v NEI Projects (India) Ltd CA 30-Jan-1990
The word ‘attributable’ in the Act means ‘capable of being attributed’, rather than ’caused by’. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Limitation
Updated: 06 December 2022; Ref: scu.238331