Smith v Leech Brain [1962]

Court: Court of Appeal

Facts: The plaintiff, a factory worker, sustained a minor burn on his lip while working with molten metal. The defendant, a manufacturing company, was found liable for the burn due to inadequate safety measures. The plaintiff had a pre-existing non-cancerous growth on his lip, which made him more susceptible to injury and increased the risk of the burn developing into cancer. The plaintiff later developed cancer and sought damages for the full extent of his injury.

Issue: Whether the defendant was liable only for the initial burn or also for the subsequent cancer, given that the plaintiff had a pre-existing condition that made him more vulnerable.

Held: The Court of Appeal held that the defendant was liable for the full extent of the plaintiff’s injury. The court applied the eggshell skull or thin skull rule, which dictates that a defendant must take their victim as they find them. This rule means that the defendant is liable for all consequences of the injury, even if the victim has a pre-existing condition that makes them more susceptible to harm. The defendant was therefore responsible for the cancer that developed as a result of the initial burn.

Key Judicial Statement: The court’s decision emphasized that "the defendant is liable for the full extent of the injury suffered by the plaintiff, regardless of the plaintiff’s pre-existing condition."

💡 LevelUpLaw: Smith v Leech Brain & Co established that under the eggshell skull rule, a defendant is liable for the full extent of harm caused by their negligence, even if the victim has a pre-existing condition that exacerbates the injury. This principle ensures that defendants are held accountable for all consequences of their actions, reflecting the idea that they must "take their victim as they find them."