Sienkiewicz v Grief [2011]

Facts

  • The claimant had contracted mesothelioma

Issue

  • Could full damages be awarded to one defendant, where that defendant was only 18% to blame for the initial exposure?

Decision

  • Yes

Reasoning

  • Damages are not to be apportioned in mesothelioma cases according to the Compensation Act 2006, s 3
  • As a general rule for non-mesothelioma cases, an independent cause must be at least twice as likely to have caused the damage than any other independent factor
RELATED CASE  Letang v Cooper [1965]

Posted in Tort Law Revision Notes.

This page was last updated on 22nd April 2014

© 2020 Webstroke Law - Terms and Privacy Policy