McGhee v National Coal Board

Where the defendant's breach materially increased the risk of the injury that occurred, this may be treated as a material contribution to the injury.

Citation
[1973] 1 WLR 1
Court
House of Lords
Year
1973
Subject
Tort Law
Topic
Causation

Facts

Mr McGhee worked cleaning out brick kilns, which exposed him to brick dust. His employers did not provide washing facilities, so he had to cycle home caked in dust. He developed dermatitis. The medical evidence was that the dust caused the dermatitis, but it could not be shown whether the employers' failure to provide showers had caused it, because it could not be said whether he would have developed it if he had been able to wash. It could only be said that the lack of washing facilities had increased the risk.

Legal principle

The House of Lords held that the employers were liable. Lord Reid said that, from a broad and practical viewpoint, there was no substantial difference between saying that what the defender did materially increased the risk of injury to the pursuer and saying that what the defender did made a material contribution to his injury. Lord Wilberforce suggested that the burden of proof should shift to the defendant, a view later rejected in Wilsher. The case was reinterpreted in Fairchild as establishing a special rule of causation.

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