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Liability Risk and Insurance

Compensation cut for smoking negligence

Compensation cut for smoking negligence

A widow’s compensation for the death of her husband from cancer has been cut because his smoking also contributed to his death. He had been employed as a boiler maker at Devonport military docks by the Ministry of Defence (MoD). His death was partly due to exposure to asbestos, but also due to his smoking. As a result, the High Court cut his compensation of £149,000 by 20%. The MoD had asked for a reduction of 25%. The widow had argued that contributory negligence should result in a reduction of just 1%.

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