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Smith v Leech Brain

[1962] 2 QB 405:

Case summary last updated at 15/01/2020 19:45 by the Oxbridge Notes in-house law team.

Judgement for the case Smith v Leech Brain

D was v 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 P, with inadequate protection, and some molten metal landed on him, causing him to get cancer and die. P’s widow sued. CA allowed P’s widow’s claim for damages not just for the initial molten burn to P but also for P’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 D 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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