Shared blame for an untimely death
For the first time, the High Court has reduced the damages awarded to the family of an asbestosis victim on the grounds of contributory negligence - because the dead man never gave up smoking
In a landmark decision at the end of last year, Badger v. Ministry of Defence, a smoker was found to be partly to blame for his own ill health and to have been negligent in failing to give up smoking. As a result, damages were reduced by 20%.
Beryl Badger, of Plymouth, was seeking damages following the death of her husband Reginald at the age of 63 from lung cancer. Mrs Badger claimed that, during the course of Mr Badger's work as a dockyard boilermaker between 1954 and 1987, he had been exposed
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