The plaintiff suffered injury from the admitted negligence of the defendant. After attending the hospital she felt shaken and the movement of her head was constricted by a collar which had been fitted to her neck. In consequence she was unable to use her bi-focal spectacles with her usual skill and she fell while descending stairs, sustaining further injury.
Held: Eveleigh J gave an account of the meaning of forseeability in the law, saying: ‘In the present case I am concerned with the extent of harm suffered by the plaintiff as a result of actionable injury. In my view the injury and damage suffered because of the second fall are attributable to the original negligence of the defendant so as to attract compensation. If necessary I think the plaintiff’s case can also be put against the defendant in another way. If it can be said that it is foreseeable that one injury may affect a person’s ability to cope with the vicissitudes of life and thereby be a cause of another injury and if foreseeability is required, that is to say, if foreseeability is the right word in this context, foreseeability of the general nature will, in my view, suffice.’
. . And ‘It has long been recognised that injury sustained in one accident may be the cause of subsequent injury. The injury sustained by accident victims on the operating table is an example of that situation. So too are cases of suicide resulting from a mental condition produced by an accident. Pigney v Pointers Transport Services, Ltd (2) [1967] 2 All E.R. 807; [1957] 2 W.L.R. 1121. It is always a question of course for the court in each case to determine whether or not on the facts of that case the accident did cause the second injury or death as the case might be; see Hogan v Bentinck West Hartley Collieries (Owners), Ltd. [1949] 1 All E.R. 588.’
Judges:
Eveleigh J
Citations:
[1969] 3 All ER 1006
Jurisdiction:
England and Wales
Citing:
Cited – Hogan v Bentinck West Hartley Collieries (Owners) Ltd HL 1949
The workman plaintiff suffered from a congenital defect, having an extra thumb in his right hand. He met with an industrial accident and fractured the false thumb. It was treated by splinting but he continued to be in pain. He was then sent to the . .
Cited by:
Cited – Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) CA 21-Dec-2009
The claimant suffered injury for which he sought compensation from his employers. He later had to have his leg amputated as a consequence, but then through his own inadvertence suffered further injury to his other leg and a complete loss of . .
Lists of cited by and citing cases may be incomplete.
Damages, Personal Injury
Updated: 15 May 2022; Ref: scu.392547