Smith v Leech, Brain & Co [1962]

Facts

  • The claimant’s employer, the defendant, allowed the claimant to galvanise items using a metal shield to prevent injury from molten splashes
  • He was injured and the injury because cancerous due to the claimant’s hypersensitivity

Issue

  • Could the employers be liable for the full extent of the injury?

Decision

  • Yes

Reasoning

  • Must take into account egg-shell skull damage within the kind of damage, practice was negligent
RELATED CASE  Tremain v Pike [1969]

Posted in Tort Law Revision Notes.

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