A defendant is liable in tort where damage of the relevant type was foreseeable, even if the risk of it occurring was very small.
Tort — Causation, Remoteness and Damages
Where multiple defendants materially contributed to the risk of mesothelioma, liability is proportionate to the period of exposure rather than joint and several.
In informed consent cases, causation is satisfied on a policy basis even where the claimant cannot prove they would have avoided surgery but-for the failure to warn.
Where multiple tortfeasors each materially contributed to the risk of harm, proof of material contribution to risk suffices to establish causation in negligence.
Get a detailed analysis of Overseas Tankship (UK) Ltd v The Miller Steamship Co (Wagon Mound No 2) and how it applies to your situation.
Explain Overseas Tankship (UK) Ltd v T...