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noisebreach of dutyapportionment divisible injury
Thompson v Smiths Shiprepairers
[1984] QB 405 (Thompson v Smiths Shiprepairers (North Shields) Ltd)
Key Principle
An employer is liable in negligence for noise-induced hearing loss only in respect of the increase in disability attributable to culpable exposure occurring after the date when a reasonable employer should have appreciated the risk and acted, and where injury is divisible the court must apportion damages between the innocent and the negligent periods of exposure.
Area of Law
General
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