A claimant who sought damages for injuries suffered by the ingestion of asbestos whilst working for one employer, but had also worked for other periods for other employers where similar activities had been involved, had the onus in the claim to prove causation. It might be impossible to apportion the damage exactly, but he must demonstrate a substantial contribution from the defendant. Having been found responsible in this way, the employer would be responsible only to the extent of his contribution to the asbestosis. Each tortfeasor should be responsible only for the proportion which its exposure contributed to the damage.
Judges:
Lord Justice Stuart-Smith Lord Justice Mummery Lord Justice Clarke
Citations:
Times 12-Apr-2000, Gazette 11-May-2000, [2000] EWCA Civ 111, [2000] 3 All ER 421
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Thompson v Smiths Shiprepairers (North Shields) Ltd QBD 1984
The test to be applied in determining the time at which an employer’s failure to provide protection constituted actionable negligence was what would have been done at any particular time by a reasonable and prudent employer who was properly but not . .
Cited by:
Cited – Environment Agency v Ellis CA 17-Oct-2008
The claimant was injured working for the appellants. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. The claimant said that that . .
Cited – Horsley v Cascade Insulation Services Ltd and Others QBD 18-Nov-2009
The claimant sought damages after contracting asbestosis through employment exposure with the defendants. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety, Damages
Updated: 08 June 2022; Ref: scu.185908