Doughty v Turner Manufacturing Company Ltd [1963] EWCA Civ 3 (29 November 1963)

Doughty v Turner Manufacturing Company Ltd [1963] EWCA Civ 3 (29 November 1963)

The defendants could not reasonably have foreseen that the immersion of the asbestos cement cover in the molten cyanide would cause an explosion and injury. Liability in negligence requires foreseeability of the type of harm, and as the risk was unknown and unforeseeable, the defendants were not negligent. The fact that the accident occurred inadvertently does not create liability where there was no duty to guard against an unforeseeable risk.

Citation
[1963] EWCA Civ 3
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Jurisdiction
England and Wales
Judgment Date
29 November 1963
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal allowed. Judgment entered for the Defendants.
Legal Topics
Negligence, Foreseeability, Employer's Liability, Strict Liability, Personal Injury
Tort Law Employment Law Negligence Foreseeability Employer's Liability Strict Liability Personal Injury

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendants were negligent in allowing an asbestos cement cover to fall into a molten cyanide bath, causing an unforeseeable explosion and injury to the plaintiff.
  2. 2 Whether liability arises for unforeseeable consequences of an act that was not known to be dangerous at the time.

Ratio Decidendi

The defendants could not reasonably have foreseen that the immersion of the asbestos cement cover in the molten cyanide would cause an explosion and injury. Liability in negligence requires foreseeability of the type of harm, and as the risk was unknown and unforeseeable, the defendants were not negligent. The fact that the accident occurred inadvertently does not create liability where there was no duty to guard against an unforeseeable risk.

Court Disposition

Appeal allowed. Judgment entered for the Defendants.

Orders

  • Judgment for the Defendants.
  • Plaintiff to pay Defendants' costs of the appeal.