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United Kingdom
contributory negligencecausationoccupational disease
Stanley Burnton J in Badger v Ministry of Defence
[2005] EWHC 2941 (QB)
Key Principle
A claimant's continued smoking, when he knew or ought to have known of the health risks, can constitute contributory negligence reducing damages in an asbestos-related lung cancer claim where the smoking, acting synergistically with the negligent asbestos exposure, materially contributed to the disease.
Area of Law
General
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