Tort; Negligence; causation of harm; material contribution to harm.
Facts: McGhee worked for the National Coal Board, cleaning out brick kilns. During the work, brick dust adhered to his sweaty skin. There were inadequate washing facilities at the workplace and McGhee cycled home each day with the dust still caked on his skin. He developed a skin condition (dermatitis) and sued the Coal Board claiming compensation for the harm suffered. McGhee could not prove that, if he had showered before leaving work, he would not have contracted dermatitis. Some other workers who showered at work still developed the condition while others who left work without showering did not.
Issue: Had the failure to provide showers caused the harm sustained by McGhee?
Decision: The House of Lords took a pragmatic view. The court found as a fact that the failure to provide showers had increased the risk of dermatitis and that this had materially contributed to McGhee's skin condition.
Note: In Wilsher v Essex Area Health Authority [1988] AC 1074, the House of Lords restated that proof of causation was required for a plaintiff to succeed, rather than mere proof of an increased risk.