Reduction for smoking

Badger v Ministry of Defence [2005] EWHC 2941 (QB)

The claimant was the widow of Reginald Badger, who died of lung cancer on 6 May 2002 at the age of 63 years. He had been employed by the Ministry of Defence between 1954 and 1987 as a boiler maker, for most of that period at its dockyard at Devonport, but also in Gibraltar. In the course of his work, he was exposed to asbestos dust and fibres, which were causative of the lung cancer that killed him. He also smoked. His smoking was also causative of his cancer. The Ministry of Defence has admitted primary liability for Mr Badger’s widow’s claim but contended that the damages fall to be reduced on account of his contributory negligence by 25%.