Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.

Suggestions

  • The egg-shell rule means that if the type of injury is foreseeable but because of some pre-existing condition on the part of the defendant the extent of the injury is worse than would have usually been expected, the claimant is still liable for the full extent of the injury.
  • In Smith v Leech Brain & Co Ltd [1962], the employer was liable for the claimant’s death. Although the death might not have been foreseeable, an injury was. It was irrelevant that the claimant had the predisposition to cancer.
  • You are likely to be held liable for your employee’s death.