Assessment of contributory negligence for smoking in asbestos related lung cancer case

Blackmore v Department for Community and Local Government, County Court (Exeter), 23/10/2014

Mark Treacher looks at approach taken by the court when calculating the degree of contributory negligence in a case where the deceased developed lung cancer due to a combination of smoking and exposure to asbestos. The case contains a helpful review of the caselaw in this area which guided the judge to make a reduction of 30%.

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Mark Treacher


As a partner in DWF's Occupational Health team, I handle a range of litigation, claims and inquest matters on behalf of insurers, loss adjusters, individuals and large insurers.