Novus Actus Interveniens CASES
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An employee injured his leg due to his employer's negligence. Knowing his leg could give way, he later descended steep stairs unassisted, jumping and breaking his ankle. This was deemed a novus actus interveniens, breaking the chain of causation. Facts The pursuer, Mr McKew, sustained an injury to his left leg in the course of his employment with the defenders. The defenders admitted liability for this initial injury, which left the pursuer’s leg prone to giving way unexpectedly. Some weeks later, the pursuer was inspecting a flat which was accessed via a steep staircase with no handrail. As he began
A police officer was injured after his senior negligently ordered him to ride against traffic in a one-way tunnel to close it, following an accident. The court found this negligent order was a novus actus interveniens, breaking the chain of causation. Facts The first defendant, Mr Johns, negligently overturned his car in a one-way tunnel. The police, including Police Constable Knightley (the plaintiff) and his superior, Inspector Caan, arrived at the scene. Due to the Inspector’s error in managing the scene, the entrance to the tunnel was not closed to oncoming traffic. Realising this, Inspector Caan ordered PC Knightley to
A mentally ill patient, inadequately detained in hospital due to bed shortages, absconded and seriously injured herself. The NHS Trust was found to have breached its duty of care, as the patient's own actions did not break the chain of causation. Facts A patient with a history of violence and mental illness was admitted to a hospital managed by the University College London Hospital NHS Trust. Her condition was such that she required detention under the Mental Health Act 1983. However, due to a shortage of appropriate beds, she was placed in a general ward and was also left unattended
A claimant with a head injury was given incorrect A&E waiting time information by a non-clinical receptionist and left. He later suffered severe brain damage. The High Court found the hospital trust owed no duty of care regarding such information. Facts The claimant, Michael Darnley, attended the Accident and Emergency department of a hospital run by the defendant Trust after suffering a head injury. He informed the civilian receptionist of his injury and that he was feeling unwell. The receptionist advised him that he would likely have to wait four to five hours to be seen. In accordance with the
An employee suffered a severe head injury due to his employer's negligence. This caused severe depression, leading to his suicide six years later. The House of Lords held the employer liable, finding the suicide was a consequence of the depression caused by the injury and not a new intervening act. Facts In June 1996, Mr Thomas Corr, an employee of IBC Vehicles Limited (‘the employer’), suffered a severe head injury in a workplace accident caused by the employer’s negligence. The accident, in which he was struck by an unguarded machine, nearly killed him. He underwent extensive and painful surgery which
The plaintiff's leg was injured by the defendant's negligence. Before trial, the same leg was shot in a robbery and amputated. The House of Lords held the defendant remained liable for the original injury's effects, as the second tort did not remove the loss caused by the first. Facts In September 1964, the plaintiff, Mr Baker, suffered a significant injury to his left leg and ankle in a road accident caused by the negligence of the defendant, Mr Willoughby. The injury resulted in lasting disability, including stiffness in the ankle, pain, and a substantially reduced earning capacity. In November 1967,
A doctor died attempting to rescue two workers overcome by poisonous fumes in a well due to their employer's negligence. The court held the employer liable, establishing that a duty of care is owed to a rescuer who foreseeably intervenes. Facts The defendant company, T.E. Hopkins & Son Ltd, was engaged to clean a well. The managing director, Mr Hopkins, used a petrol-driven pump inside the 50-foot deep, narrow well. He left the pump running for several hours. The following morning, two of his employees, Ward and Wileman, were instructed to descend and continue the work. One after the other,
