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%.