Damage (negligence)

General definition

The final element in proving negligence. The Ds breach must have caused the Cs damage

Damage can be defined as..

• Injury to a person

• Loss of life

• Damage / destruction / loss of property

Tests for damage

Damage is measured by applying:

• Factual causation

• Legal causation

Legal causation definition

Established through the remixâtes if the damage test:

The damage that the C suffers must be reasonably foreseeable and not too remote

The wagon mound

D is only liable for the damage if it is foreseeable. It is the type of harm that must be foreseeable not the extent.

Bradford v Robinson rentals

The injury suffered by the C, albeit to an usual extent, was the type of injury to be reasonably foreseen as a consequence of the Ds breach of duty

Doughty v turner

A type of harm that would not be foreseen due to a lack of scientific knowlage

Factual causation

To prove factual causation the But for test is used

But for test

‘But for the Ds breach of duty the C would not have suffered the damage

Answer ‘no’ to to but for test

Factual causation has been established

Answer ‘yes’ to the but for test

Not the factual cause, no liability

Barnet v Chelsea Hospital MC

There was no liability as factual consideration could not be established

Thin scull rule

The D must take the claimant as they find them

• This means that is the C has pre-existing condition that makes the damage worse, then they are liable for the full extent of the Cs damage

• Smith v Leech Brain

Smith v Leech Brain

Was liable due to the thin skull rule

Intervening acts

The chain of causation cannot be broken in order for the D to be liable. If there is a break in the chain of causation then the D will not be liable

Ways the chain of causation cannot be broken

• The c makes the damage significantly worse, that they become the cause of their own damage (Mckow v Hollland)

• An act of nature or an individual event that can break the chain of causation independent from negligence (Carlsalgie steamship )

• Third party, they can break the chain of causation (Knightly v John)

(Mckow v Hollland)

The c makes the damage significantly worse, that they become the cause of their own damage

Carlsalgie steamship

• An act of nature or an individual event that can break the chain of causation independent from negligence

Knightly v John

Third party, they can break the chain of causation