1. Step three for negligence
Causation of damage
Step three for negligence

2. Aims and Objectives Aim:
Understand when a breach of duty ‘causes’ damage
Objectives:
1. Describe what is meant by ‘factual causation’
2. Describe what is meant by ‘legal causation’
3. Apply ‘causation’ principles to scenarios
4. Describe relevant case law

3. NEGLIGENCE Negligence Formula Duty of Care Foreseeability Proximity
F, J & R
Breach of Duty
Standard of care
Standard breached?
Causation of damage
NEGLIGENCE

4. The negligence must have caused damage that was not too remote
Even where the C has proved that the D owed a duty of care and was in breach of that duty, the C must show that s/he suffered some damage because of the breach.

5. Causation is a two stage test:
Causation in fact – the ‘but for’ test
And
Causation in law – remoteness of damage

6. The ‘but for’ test
– would the damage have occurred but for the D’s breach of duty of care?

7. Case: Barnett v Chelsea and Kensington Hospital Management Committee (1969)
Facts: 3 night watchmen went to hospital A&E dept complaining of sickness after drinking tea. Nurse on duty called the doctor on the telephone who did not come and examine the men but advised that they go home and contact their own GPs. The C’s husband died later that day from arsenic poisoning. The widow sued the hospital
Held: although the widow could prove that the Dr owed her husband a duty of care and that by not examining him he was in breach of that duty, she could not show causation. The evidence showed that by the time her husband went to the hospital it was too late to save his life, the arsenic was already in his system and he would have died anyway.

8. Causation in law (remoteness of damage test)
It is only possible to claim for damage caused that is reasonably foreseeable.
The leading case that established legal causation is ‘Wagon Mound No1’

9. Case: Wagon Mound No1 (1961)
Facts: Ds were ship owners and were loading oil into their ship in Sydney harbour, due to the D’s negligence some oil leaked into the water and within hours the oil had spread into the C’s neighbouring wharf where welding was taking place on another ship. Two days later a spark from the welding torch ignited the oil and caught fire causing damage to the C’s ship. The slipway of the wharf was also damaged (fouled) by the oil; the C claimed for both kinds of damage.
Held: at first instance the trial judge said that the damage to the slipway was foreseeable but that the oil catching fire was not (oil had to be heated to very high temperatures before setting alight) but he held the Ds liable for both kinds of damage. On appeal, the Privy Council said the test for remoteness was foresight of a reasonable person so was the damage suffered by the C reasonably foreseeable at the time of the breach of duty of care? Under this test the Ds were only liable for the damage to the slipway.

10. Egg shell (or thin skull) rule:
The D must take the V as s/he finds them – as long as the type of injury is foreseeable the Ds will be liable even if the extent of the injury is not foreseeable:

11. Case: Smith v Leech Brain & Co (1962)
Facts: C’s job was to dip objects into a tank of molten metal. A splash from the tank burnt his lip and because of a pre- cancerous condition (which the D did not know about) the burn became cancerous.
Held: although the Ds argued foreseeability, the court applied the eggshell skull rule and found the Ds liable – the Ds had to ‘take the victim as they found him’.

12. Foreseeability of harm
As long as the harm is forseeable then it doesn’t matter if it is caused in an usual way:
Hughes v Lord Advocate (1963)
2 PO workers left a manhole unattended, but covered by a small tent with paraffin lamps at each corner. Two boys (aged 8 and 10) took one of the lamps into the tent and dropped it down the manhole. This caused an explosion and caused severe burns.
The risk of burn injuries was foreseeable even if the way it occurred was not, the claim was successful

13. Tom, aged three, is a child actor
Tom, aged three, is a child actor. He was filming a new TV drama series set in a small fishing village. He had an important part in the series and he was due to appear in every episode. Una is Tom’s mum. During a break in filming, Tom was playing close to the edge of the harbour. Una did not notice because she was reading her phone messages. Tom slipped and fell into the harbour. Tom was injured and had to be replaced in the drama series. As a result, Tom lost filming fees of £70 000, and lost a further £ for being unable to appear in related advertisements.
Has Una’s breach caused the damage?
Ryan had just collected his car from Ammar’s garage, where Ammar had been working on the brakes. Ammar told Ryan that the work was complete, but, in fact, Ammar had forgotten to tighten the handbrake cable. Ryan parked his car on a hill, applied the handbrake and got out. The handbrake failed to hold the car which rolled down the hill and crushed Tanya, who was loading shopping into the back of her van. As a result of the collision Tanya suffered injuries leading to some loss of mobility which is now permanent.
Has Ammar’s breach caused the damage?

14. Eve was a trainee hairdresser
Eve was a trainee hairdresser. After work, she met her friend, Fran, who works as a model. Eve explained that she had started to learn to colour hair that week. She showed Fran a range of products that she was learning to use. Fran asked Eve to colour her hair. They went to Fran’s house. Eve did not read the instructions on the products, failed to follow recommended tests and mixed the products incorrectly. Fran’s skin became blistered and clumps of hair fell out. Fran has been advised that, if she succeeded in a claim against Eve, she could be awarded around £ in damages. This could include damages for loss of earnings now and in the future.
Has Ev’s breach caused the damage?
Susan, aged sixteen, had recently started a care course at college and was on her first work experience placement, looking after Tim, aged two. Tim demanded to do some painting and, in order to keep him quiet, Susan agreed. She found some old pots of paint in the shed and gave Tim some cotton wool to spread the paint on sheets of paper. Some of the pots had a small label marked ‘Danger, Toxic’, which Susan did not notice or read. Tim suffered poisoning as a result of handling the paint, but fortunately recovered after a short spell in hospital.
Has Susan’s breach caused the damage?

15. NEGLIGENCE Negligence Formula Breach of Duty Duty of Care
Foreseeability
Proximity
F, J & R
Breach of Duty
Standard of care
Standard breached?
Causation of damage
Factual causation
Legal causation
NEGLIGENCE