Legal principles

Existence of a duty of care
The overwhelming majority of disease/condition cases you will handle concern employer – employee situations (historically referred to as master – servant relationships).

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Breach of duty [negligence]
Against what dangers must care be exercised? The degree of risk is critical in deciding whether the Defendant was negligent.

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Breach of statutory duty
We are concerned in the vast majority of cases with the employer/employee situation where regulations and statutes have been brought in to protect the safety of employees.

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Forseeability
The principle of reasonable foreseeability can act to limit the scope of the duty of care owed by a Defendant to a claimant.

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Causation
For the vast majority of disease cases, the determination of whether a disease/condition was caused by the Defendants breach of duty is a straightforward interpretation of the medical evidence provided by the claimant or the Defendants insurers.

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Contributory negligence
Firstly it must be said that contributory negligence is a defence to breach of statutory duty just as it is to negligence. What factors must then be considered?

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For more information about disease-i please get in touch with Lorna White.

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