Bonnington Castings Ltd v Wardlaw
A claimant can establish causation by showing that the defendant's breach made a material contribution to the injury, even if it was not the only cause.
Facts
Mr Wardlaw worked in a foundry, where he inhaled silica dust, and developed pneumoconiosis, a lung disease. The dust came from two sources: a pneumatic hammer, for which there was no known way of extracting the dust, and swing grinders, whose dust extraction equipment was not properly maintained, in breach of statutory duty. Most of the dust came from the hammer, for which the employers were not at fault.
Legal principle
The House of Lords held that the employers were liable. Lord Reid said that the claimant must prove, on the balance of probabilities, that the breach of duty caused or materially contributed to his injury, and that any contribution which does not fall within the exception de minimis non curat lex must be material. Although most of the dust came from the innocent source, the dust from the grinders had made a material contribution to the disease, which was caused by the cumulative effect of the dust, so the employers were liable for the whole of the injury.
Related cases on causation
- Baker v Willoughby [1970] AC 467
- Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
- Gregg v Scott [2005] UKHL 2, [2005] 2 AC 176
- Hotson v East Berkshire Area Health Authority [1987] AC 750
- Jobling v Associated Dairies Ltd [1982] AC 794
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