McGhee v. National Coal Board

"McGhee v National Coal Board", [1972] 3 All E.R. 1008, 1 W.L.R. 1, is a leading tort case decided by the House of Lords. The Lords held that where a breach of duty has a material effect on the likelihood of injury then the subsequent injury will be said to have been caused by the breach.

Facts

McGhee was employed to clean out brick kilns and developed dermatitis from the accumulation of coal dust on his skin. Because there were no shower facilities at the workplace, he would cycle home each day, had the coal dust been washed off before cycling, the risk of harm would have been less.

He sued his employer for negligence for failing to provide the proper washing facilities to prevent the outbreak of dermatitis. The issue before the House of Lords was whether the failure to provide the washing facilities had caused the rash.

Decision

The House of Lords held that the risk of harm had been materially increased by the prolonged exposure to the dust. Lord Reid stated:

"The medical evidence is to the effect that the fact that the man had to cycle home caked with grime and sweat added materially to the risk"

The material increase in risk was treated as equivalent to a material contribution to damage. The implication of the case was significant as it meant that a defendant only need demonstrate increased "risk" of damage, not an actual direct increase in damage.

ee also

This decision was later limited by the decision of "Wilsher v Essex Area Health Authority" [1988] AC 1074.

"McGhee" was applied and approved by "Fairchild v. Glenhaven Funeral Services Ltd" [2002] UKHL 22.

External links

* [http://www.bailii.org/uk/cases/UKHL/1972/7.html Full text of decision at bailii.org database]