“Employer liable for worker's cancer death from minor burn injury”
A galvaniser employed by Leech Brain suffered a burn to his lip from molten metal due to the employer's negligence. The burn was minor but caused cancer to develop due to the victim's pre-existing condition from years of exposure to carcinogenic materials. The victim died from the cancer.
Whether a defendant is liable for unforeseeable consequences of their negligent act when the victim has a pre-existing condition that makes them particularly susceptible to harm.
The defendant was liable for the full extent of the harm caused, including the victim's death from cancer, despite the severity being unforeseeable due to his pre-existing condition.
This case firmly established the thin skull rule in English negligence law, confirming that defendants cannot escape liability by arguing that a normal person would not have suffered such severe consequences.
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OSCOLA Citation
Smith v Leech Brain & Co Ltd [1962] 2 QB 405
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