Smith v Leech Brain [1962] 2 QB 405:
Judgement for the case Smith v Leech Brain
Table Of Contents
Defendant was very susceptible to cancer because of previous employment and might have got cancer anyway. However one day he was working with molten metal for his employer, Plaintiff, with inadequate protection, and some molten metal landed on him, causing him to get cancer and die.
Plaintiff’s widow sued.
CA allowed Plaintiff’s widow’s claim for damages not just for the initial molten burn to Plaintiff, but also for Plaintiff’s death.
Parker CJ
Tortfeasors have to take their victims as they find them.
They are liable for the damage provided that that type of damage was reasonably foreseeable. The burn was reasonably foreseeable, but Defendant is also liable for the damage that the burn did to the victim, regardless of whether the extent of the damage was foreseeable.
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