Here’s to another law post! There are two cases I want to highlight, so let’s do that.

There are situations where the law will let you off the hook. And the context of the following cases is a little different than what you’d expect.

Imagine: You’ve injured someone (the claimant) already, and that’s set in stone. No arguing that one. These two cases concern a subsequent injury that happens because of the claimant’s weakness/frailness from the injury you caused.

Our question is, “Did you cause the second injury?” Or rather, will you face legal ramifications from it?

The following two contrasting cases will give you an idea of what factors are considered. And the people involved here didn’t do anything dumb, per se, just thoughtless actions.

McKew v Holland (1969): Why Jump?

TLDR: An employer’s breach of duty caused an injury to a man, and now he has a weak leg. He walked partway down a steep staircase before he felt his leg start to give way. Right after that, he jumped the remaining ten steps and hurt himself further.

Held: The employer was not responsible for the subsequent injury because the man took an unreasonable, unforeseeable risk by going down the steep stairs without aid or a handrail.

Wieland v Cyril Lord Carpets (1969): Direct Enough

TLDR: The defendant’s negligence led to the necessity of a neck brace for the injured woman. She can also no longer use her bifocals. While descending a set of stairs, she missed a step and sustained further injuries.

Held: The employer is liable. Unlike the previous case, there was no break in causation. This time, the woman walking down the stairs is not seen as unreasonable.

Check out our previous law post where we talked about naming an AI as the inventor on a patent application.