Wieland v Cyril Lord Carpets Ltd
A claimant who reasonably uses stairs after an injury caused by the defendant and falls can recover for the second injury, because there is no break in the chain of causation.
Facts
Mrs Wieland was injured in a bus accident caused by the defendants' negligence, and was fitted with a surgical collar. The collar meant that she could not use her bifocal glasses properly. She went down some stairs, with her son's help, and fell, because she could not see properly. She claimed damages for the injuries from the fall.
Legal principle
Eveleigh J held that the defendants were liable for the second injury. He said that the injury from the fall was attributable to the original negligence, because the original injury affected her ability to cope with the vicissitudes of life. She had acted reasonably, using the stairs with help, so her own conduct did not break the chain of causation. The case contrasts with McKew, where the claimant acted unreasonably.
Related cases on remoteness and intervening acts
- Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884
- Hughes v Lord Advocate [1963] AC 837
- Jolley v Sutton London Borough Council [2000] 1 WLR 1082
- Knightley v Johns [1982] 1 WLR 349
- Lagden v O'Connor [2003] UKHL 64, [2004] 1 AC 1067
- Lamb v Camden London Borough Council [1981] QB 625
- McKew v Holland & Hannen & Cubitts (Scotland) Ltd [1969] 3 All ER 1621
- The Oropesa [1943] P 32
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