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United Kingdom contributory negligencecausationoccupational disease

Stanley Burnton J in Badger v Ministry of Defence

[2005] EWHC 2941 (QB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division
Year2005
StatusPersuasive authority

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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