healthcare update - issue 10
When one injury causes another - when do you stop being liable?
In the case of Robert Eric Spencer v Wincanton Holding Ltd
[2009] EWCA Civ 1404, a defendant employer was held liable for
injuries to a former employee, despite those injuries occurring as
a consequence of a subsequent incident.
The claimant was involved in what, at first, appeared to be a
relatively minor accident at work. He suffered injury to his leg
which deteriorated and ultimately resulted in amputation above the
knee. Some months after the amputation, the claimant was involved
in a second accident when he failed to properly steady himself with
the use of sticks or his prosthesis and as a result, tripped and
fell. Further injury was sustained, permanently confining the
claimant to a wheelchair.
The defendant accepted its liability for the consequences of
the initial accident, to include the amputation. The issue
before the Court of Appeal was whether there was a liability for
the injury suffered in the subsequent incident – had there been
‘unreasonable conduct’ on the part of the claimant, which amounted
to a break in the chain of causation?
The Court found that the rationale behind the principle that an
intervening event breaks the chain of causation was one of
fairness. Like the amputation, the second accident had been an
unexpected but – crucially – a real consequence of the first
accident. In the circumstances, it would be unfair to prevent the
claimant from recovering damages for injury and loss which flowed
from the second accident, albeit there should be a percentage
reduction to reflect the claimant’s own misjudgement.
Accordingly, the claimant was entitled to recover two-thirds of
damages arising from the subsequent incident.
Robert Eric Spencer v Wincanton Holding Ltd
demonstrates that, in order for there to be a break in the chain of
causation, the degree of unreasonable conduct by a claimant must be
very high. Anything short of this and the chain of causation will
survive.
Defendants must be wary of the risk that a subsequent incident
may give rise to a worsening of the claimant’s condition and
therefore, a substantial increase in the damages payable.
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aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
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