Duty to Warn CASES

Law books on a desk

LMS International Ltd v Styrene Packaging and Insulation Ltd [2005] EWHC 2065 (TCC)

A factory was destroyed by fire after polystyrene blocks, supplied by the defendant, were ignited by a hot wire cutter. The defendant failed to provide adequate fire risk warnings. The court found the supplier liable but reduced damages for the claimant's contributory negligence. Facts The claimant, LMS International Ltd (LMS), operated a factory manufacturing products from expanded polystyrene (EPS). They purchased large blocks of EPS from the defendant, Styrene Packaging and Insulation Ltd (SPIL). LMS used a hot wire cutting machine to shape the EPS blocks, a process that generated significant amounts of flammable dust and fluff. On 11 February

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Chester v Afshar [2004] UKHL 41 (14 October 2004)

A patient suffered paralysis from a small, undisclosed risk of spinal surgery. The surgeon's failure to warn breached his duty of care. The court found for the patient, modifying causation rules to vindicate her right to informed consent and make an informed choice. Facts The claimant, Miss Chester, suffered from long-standing lower back pain. She was referred to the defendant, Mr Afshar, an experienced neurosurgeon. Mr Afshar advised her to undergo elective spinal surgery. The procedure carried a small but unavoidable risk of serious neurological damage (cauda equina syndrome), estimated at 1-2%, even if performed with due care and skill.