Causation

• Causation of Damage

  • The third part of any negligence claim is for the claimant to prove that the breach of duty has actually caused harm or injury
  • This is referred to as proving 'damage'
  • There are two considerations for damage: Causation and remoteness of damage
• Causation - (Barnett v Chelsea)

  • Is it determined by considering both Factual and Legal Causation
  • When determining factual causation, we use the 'but for' test
• Remoteness of damage (Legal causation) - (The Wagon Mound)

  The damage must not be too 'remote' from the defendant's negligent act.

  The test to apply was the injury or damage a reasonably foreseeable consequence of the original negligent act or omission
• Thin skull rule - (Smith v Leach Brain)

  Take your victim as you see them