header-logo header-logo

16 June 2011 / Kenneth Warner
Issue: 7470 / Categories: Features , Health & safety , Personal injury
printer mail-detail

The blame game

Kenneth Warner examines causation & industrial disease

It is a basic principle of the law of torts that a defendant will be liable only for the harm that the defendant has caused. In cases of doubt it is incumbent on the plaintiff to show, on the civil standard of proof, that the tortious conduct of the defendant caused the injury that is complained of. In effect, evidence that the tort is the most likely cause of the harm will suffice to discharge the burden, but in principle anything short of that should result in a rejection of the plaintiff’s claim. This rule can cause great difficulties for a plaintiff, where there exist multiple possible causes in fact for the ultimate harm suffered. They may be multiple “guilty” causes; as where the claimant has been exposed to toxic agents with a number of different employers, each independently capable of producing the same disease. Again they may be “guilty” but separate causes which are capable of working cumulatively to bring about the plaintiff’s ultimate harm, as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll