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Premier Fitness Clubs, , the court held that assault by one patron of the fitness club on another is not reasonably foreseeable and hence dismissed the action against the fitness club and granted the motion for summary judgment. In Omotayo v. Da Costa, , a similar decision was reached when one condo board member assaulted another in a condo board meeting.
The Ontario Superior Court of Justice held that the assault was not foreseeable and dismissed the claim against the condo corporation, granting the motion for summary judgment. They stole a vehicle from the unlocked garage after finding its keys in the car ashtray. The boy in the passenger seat suffered a catastrophic brain injury. An action was brought by the boy who suffered the injury against, inter alia, the car garage in negligence.
At trial, it was held that the garage owed a duty of care to the boy. However, the Supreme Court of Canada dismissed the claim against the garage. Examples of superseding causes that are typically deemed foreseeable so that the defendant does not escape liability :.
Unforeseeable Extent of Harm. A person who causes injury to another person is liable for the full extent of the harm, whether or not the extent of the harm is foreseeable. For example, if Dallas is negligently driving through a small, suburban town and collides with Paula's Ferrari, Dallas is liable for the full amount of damage caused to the car, despite the fact that it might not be foreseeable to encounter such an expensive car driving through a small, suburban town.
The "Eggshell Skull" Rule. The eggshell skull rule states that you take your victim as you find them. Learn more about proving negligence in a personal injury case. Browse All Personal Injury Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The Judicial Committee of the Privy Council held that the defendants appellants neither knew nor ought to have known that the oil spilt was capable of catching fire when spread over water.
The damage was too remote and not reasonably foreseeable and they were not liable for it. The test of liability for the damage done by the fire was the foreseeability of injury by fire and as a reasonable man would not on the facts have foreseen injury by fire, the defendant appellants were not liable.
However, the appellants were liable for fouling up the respondents slipways since the fouling was a reasonably foreseeable consequence of the discharge of the oil. In Hughes V. Lord Advocate, the House of Lords made an addition to the test of reasonable foresight by adding that, once the consequence of a conduct is foreseeable, the precise chain, sequence of events, or circumstances leading to the said foreseeable consequence need not be foreseeable or envisaged, so long as 1.
The damages or consequences of the tort are within the sphere of reasonable foreseeability or contemplation; and 2. The damages or consequence is not entirely of a different kind which no one can reasonably foresee or contemplate.
In other words, the damages must be reasonably foreseeable for there to be liability, but the precise sequence of events leading to the damage need not be foreseeable. That is to say, once the consequence is foreseeable, the circumstances leading to it need not be foreseeable for the defendant to be liable. A defendant is liable so long as the damages are not of an entirely different kind which a reasonable man will not contemplate. The defendant need not foresee all the possible manners in which his conduct can cause injury.
What is required in law is that, some kind of injury is foreseeable and the injury which resulted is a kind that is reasonably foreseeable. The liability of a tortfeasor is thus limited to the damages which are foreseeable by a reasonable man, as Pollock CB rightly said much earlier in Greenland V. Chaplin 5 Exch. Reasonable foreseeability or remoteness of damage as laid down in this case, is almost the same in tort as in the law of contract.
What is factual foreseeability? Preliminary requirement - factual foreseeability of damage. Is foreseeability a word? What is causation in fact? How do you find proximate cause? What is the test for duty of care? How do you prove proximate cause? What punitive damages mean?
What is the test of negligence? What is proximity in negligence? Why is proximate cause important? Is foreseeability an element of negligence? What is a tort case and give an example? Similar Asks. What is the relationship between foreseeability and a test for proximate cause?
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