i-law

Liability Risk and Insurance

Onus on defendant to show refusal to undergo medical treatment was unreasonable

Where a defendant argued that refusal of medical treatment amounted to failure to mitigate damage, the onus was on the defendant to prove the matter, not on the plaintiff to justify their refusal.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2026 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.