First Principles of Business Law

6. Causation

6.2.7. Omissions causing harm

Case study: A, a worker in a medical laboratory, finds an unlabelled bottle in the lab containing a white powder. Tasting it, he finds the substance is apparently sugar and he uses a spoonful to sweeten his coffee. However the sugar has been mixed with toxic chemicals for experimental purposes by the lab manager B, and before long A becomes seriously ill. He goes to a nearby hospital for help but is kept waiting by C, the doctor on duty. After waiting for ten minutes A suddenly dies. Only immediately induced vomiting could have helped A.

1. Could C be liable for the harm to A on the basis that, by failing to give immediate help when A came to the hospital, C caused A's death?

2. Could B be liable for the harm to A on the basis that B's failure to label the jar was negligent and caused A's death?

3. Would it make a difference to B's liability if it could be shown that A routinely ignored labels and warnings in the lab?

4. Would B still be liable for the harm if it could be proved that eating the toxic chemicals increased the risk of sudden death, but not that the chemicals definitely caused A to die?