Doughty v Turner Manufacturing Company [1964] 1 QB 518 few moments later an explosion occurred. Doughty v Turner Manufacturing Company Ltd LORD PEARCE (read by Lord Justice Harman): The Defendants appeal from a Judgment of Mr Justice Stable awarding to the Plaintiff 150 damages for personal injuries suffered in an accident which occurred during the Plaintiff's employment at the Defendants' factory. How to draft a witness statement in a professional negligence claim. Do you have a claim against a professional? Doughty (plaintiff) sued his employer, Turner Manufacturing Company Limited (Turner) (defendant), for the burns he sustained when hot molten metal from a cauldron exploded onto him. Doughty contended that whilst the incident itself was not foreseeable, an incident of its kind was, making the defendants liable, as per Hughes v Lord Advocate [1963] 1 All ER 705. ☎ 02071830529 A few moments later an explosion occurred. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 44 Harvey v Singer Manufacturing Co Ltd 1960 SC 155 Miller v. Could an employer be held liable for the unforeseeable injury caused to an employee by another employee’s negligent actions. The explosion occurred as a result of the asbestos reacting with the chemicals in the liquid in the high temperature. Co., [1964] 2 W.L.R. Doughty was injured when another employee accidentally knocked a container cover which resulted in some asbestos cement falling into a nearby vat of molten liquid. Donoghue V Stevenson 1932. Doughty v Turner Manufacturing Co The claimant was injured when an asbestos cover fell into hot liquid. The Court of Appeal here applied Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) (No. Just call our Professional Negligence Lawyers on 02071830529 or email us now. In Doughty v Turner Manufacturing Company (1964) the plaintiff was a worker in a factory who was standing too close to a cauldron. Whilst the claimant submitted that splashing from the molten liquid was a foreseeable and comparable occurrence, the Court disagreed, finding that the nature of the accident was an unforeseeable one, both specifically and in terms of the kind of event as the cause of the chemical reaction by the exposure of asbestos cement to high temperatures was unpredictable. D … Doughty v Turner Manufacturing Company [1964] 1 QB 518 few moments later an explosion occurred. Since the cover was bought off a reputable manufacturer, nobody thought it was dangerous that the cover was in the cauldron and they stayed in the room. The Wagon Mound test was considered and applied in: Hughes v Lord Advocate [1963] AC 837 Doughty v Turner Manufacturing Company [1964] 1 QB 518 There has been some confusion as to whether for remoteness of damage, in addition to being damage of a type which is foreseeable, the damage must occur in a foreseeable manner. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! If you want expert legal advice, do not delay in instructing us so we can assess the legal merit of your case. Free resources to assist you with your legal studies! Foreseeability Decoded Meiring de Villiers* ABSTRACT This Article reviews the conceptual and doctrinal roles of the foreseeability doctrine in negligence law, and analyzes its app The claimant was standing close by and suffered burns from the explosion. City of London EC4Y 9AA. This principle supports the judgment for the defendant in the recent case of Doughty v. Turner Mfg. It was held that the explosion was not foreseeable, so therefore it was not foreseeable that the Claimant would have suffered from the burns. Doughty v Turner [1964] 1 QB 518: D was employed by P to look after two cauldrons of boiling hot metal that had asbestos covers. C was injured owing to the falling of an asbestos cover on him. 4 Middle Temple Lane, A fellow employee of the plaintiff let the plaintiff slip into a cauldron of molten metal. Doughty v Turner Manufacturing Company [1964] 1 QB 518 An asbestos lid was accidentally knocked into a cauldron of molten liquid. LEXLAW Solicitors & Barristers, The company maintained a bath of molten cyanide protected by an asbestos cover, reasonably believed to be incapable of causing an explosion if immersed. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 1078 Donoghue v. Stevenson [1932] All E.R. It was held that the explosion was not foreseeable, so therefore it was not foreseeable that the Claimant … The claimant, Doughty, was an employee of the defendants, Turner Manufacturing Company, where he worked in their factory. The claimant had a pre existing condition that made the injuries worse. Doughty v Turner Manufacturing Company: Case analysis. The exposure of the asbestos to the very high temperatures resulted in a sizable chemical reaction with water as a by-product. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Doughty's accident occurred when a worker accidentally knocked the cauldron's compound asbestos concrete lid off, causing it to … We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. Specific legal advice about your particular circumstances should always be sought. The claimant, Doughty, was an employee of the defendants, Turner Manufacturing Company, where he worked in their factory. D was employed by P to look after two cauldrons of boiling hot metal that had asbestos covers. Doughty v turner manufacturing co ltd the plaintiff School Chanakya National Law University; Course Title LAW MISC; Uploaded By bhavyatewari1999. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. NOTES Remoteness of Damage in Tort: Penman v. Saint John Toyota Ltd. Sodium cyanide caused an eruption of steam shortly after, injuring Doughty a referencing below. 518 Doughty was an employee of the asbestos would react in that way MISC ; Uploaded by bhavyatewari1999 your studies... Our litigation team in Middle Temple doughty v turner asbestos, Temple, London employee by another employee ’ s employee negligently an... 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