Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404, [2010] PIQR P8 (CA)

Facts

The claimant was employed as a driver. Due to the defendant employer’s negligence, he suffered an initial injury at work which left his knee weak and unstable. Some time later, while descending stairs at home and carrying a heavy object, his weakened knee gave way. He fell and suffered further injury.

The defendant argued that the second accident was caused by the claimant’s own actions and therefore broke the chain of causation.

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Issue

Did the claimant’s conduct in carrying a heavy object downstairs amount to a novus actus interveniens, breaking the chain of causation from the original workplace injury?

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Decision

The Court of Appeal held that the chain of causation was not broken. The second injury was a foreseeable consequence of the original weakness caused by the defendant’s negligence. The claimant’s actions were not so unreasonable as to constitute a new intervening act.

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Legal Principle

Where a defendant’s negligence leaves a claimant in a weakened physical condition, subsequent injuries caused by that weakness will usually remain attributable to the original breach, provided the claimant’s conduct is not unreasonable or reckless. Only conduct that is wholly unreasonable will break the chain of causation.

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Importance

• Clarifies the distinction between contributory negligence and a true break in causation.

• Demonstrates that foreseeable consequences flowing from a weakened condition remain recoverable.

• Frequently cited in cases involving successive injuries.