Proving Fault and Damages in Personal Injury Lawsuits under Personal Injury
🔹 1. Proving Fault (Liability)
A. Negligence: The Most Common Theory
To prove fault under negligence, the plaintiff must show:
Duty of care
Breach of that duty
Causation (actual and proximate cause)
Damages
This is often summarized as the “Four Elements of Negligence.”
đź“Ś Element 1: Duty of Care
A legal obligation to avoid conduct that could foreseeably harm others.
Case Example:
Donoghue v. Stevenson [1932] AC 562 (UK)
A manufacturer owed a duty of care to a consumer who drank a bottle of ginger beer that contained a decomposed snail. This case established the modern concept of duty of care – the “neighbour principle.”
Principle: One must take reasonable care to avoid acts or omissions that can reasonably be foreseen to likely injure one’s “neighbour” (those closely and directly affected by your acts).
đź“Ś Element 2: Breach of Duty
Failure to meet the required standard of care expected under the circumstances.
Case Example:
Blyth v. Birmingham Waterworks Co. (1856) 11 Ex Ch 781
Defined negligence as: “the omission to do something which a reasonable man would do, or doing something which a reasonable man would not do.”
Principle: The standard is objective – what a reasonable person would have done in similar circumstances.
đź“Ś Element 3: Causation
a. Actual Cause ("But-for" Test)
Would the injury have occurred but for the defendant’s conduct?
b. Proximate Cause (Legal Cause)
Was the harm a foreseeable result of the defendant’s action?
Case Example:
Palsgraf v. Long Island R.R. Co., 248 N.Y. 339 (1928)
A man dropped a package that exploded, causing scales to fall and injure the plaintiff. The court held the railroad not liable because the harm was not a foreseeable result of its employees' actions.
Principle: Liability is limited to harms that are reasonably foreseeable – not every consequence of negligence is actionable.
🔹 2. Proving Damages
Even if fault is established, the plaintiff must prove actual damages. Damages can be:
Economic (special damages) – e.g., medical bills, lost wages.
Non-economic (general damages) – e.g., pain and suffering.
Punitive damages – awarded in egregious cases to punish the defendant.
đź“Ś Proof of Damages
To recover, damages must be:
Real and provable – not speculative.
Causally linked to the defendant’s breach.
Case Example:
Smith v. Leech Brain & Co. Ltd [1962] 2 QB 405
The plaintiff suffered a burn at work, which triggered cancer due to a pre-existing condition. The defendant was held liable for the full extent of the harm.
Principle: "Eggshell Skull Rule" – You take your victim as you find them. If the injury is worsened due to the plaintiff’s condition, the defendant is still liable.
🔹 3. Burden of Proof
The plaintiff bears the burden of proof.
Standard: "Preponderance of the evidence" (more likely than not).
The plaintiff must establish both fault and damages to succeed.
🔹 4. Defenses to Fault
Some common defenses include:
Contributory negligence – plaintiff’s own negligence contributed to the injury.
Comparative negligence – damages reduced based on plaintiff’s share of fault.
Assumption of risk – plaintiff knowingly and voluntarily accepted the risk.
Case Example:
Volenti non fit injuria – Latin for “to a willing person, no injury is done.” A person who consents to the risk cannot later claim damages.
🔹 Summary of Key Cases
| Case | Principle Established |
|---|---|
| Donoghue v. Stevenson | Duty of care to foreseeable others |
| Blyth v. Birmingham | Reasonable person standard |
| Palsgraf v. Long Island R.R. | Foreseeability in proximate cause |
| Smith v. Leech Brain | Eggshell skull rule (full liability even for pre-existing conditions) |
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