ACCA LW · Chapter 5 · Question 7 of 11
A claimant suffers a minor burn caused by the defendant's negligence. Because of a pre-existing condition, the burn triggers cancer and the claimant dies. Following Smith v Leech Brain & Co, what is the defendant's liability?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) The defendant is liable for the full consequences, because the defendant must take the victim as they find them
Explanation
Under the 'eggshell skull' rule, once some injury of a foreseeable type is caused, the defendant is liable for its full extent even if it is unusually severe because of the claimant's particular vulnerability. In Smith v Leech Brain a burn from molten metal activated a pre-malignant condition and the employer was liable for the death. The defendant's knowledge of the condition is irrelevant.
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