LIABILITY FOR COMMON LAW NEGLIGENCE: DAMAGE : The claimant, having proved that the defendant owed a duty of care and that the defendant broke that duty, has to prove that the defendant is liable for the damage suffered. Assuming that the claimant can prove by medical evidence that he or she

doi:10.4324/9781843140504-98

Chapter

LIABILITY FOR COMMON LAW NEGLIGENCE: DAMAGE

ABSTRACT

In order to succeed in an action in negligence, the claimant must satisfy the court that he or she has suffered damage. Where the allegation is that the claimant has suffered a deterioration in health as a consequence of the defendant’s conduct, the court must be persuaded that the claimant has a recognised disease.