Law Weblog
Badger v Ministry of Defence [2005] QBD
Saturday 24 December 2005 at 11:15 pm | In News | 1 Comment[Tort – contributory negligence]
D employed the deceased as a boiler maker. During the course of his employment, he had been exposed to asbestos, which caused him to develop asbestosis he developed lung cancer which eventually killed him. D smoked and so contributed to the negligence that caused his death.
Held: D did not take reasonable care for his own safety. Continuing to smoke amounted to contributory negligence which was causative of lung cancer. A reasonably prudent man, warned that there was a substantial risk that smoking would seriously damage his health, would stop smoking.
C won damages reduced by 20%
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This post is very useful for me because my friends mother is suffering from the Lung cancer. This would help me to tell some important caution about Lung cancer.
Thanks for your time to post this article.
Comment by Mack — Friday 12 September 2008 12:02 pm #