Amaca v Ellis: A Plaintiff’s Problem of Proof: A Look at the High Court’s Decision

How is Amaca Pty Ltd v Ellis relevant to you?

• The decision assists defendants who are involved in cases dealing with the development " of diseases and questions of causation.
• The legal test for causation has not changed. Plaintiffs must show that it was more " probable than not that the defendant's actions or omissions caused the injury, not that " the defendant merely increased the risk or may have caused the injury in the individual bringing the claim.
• Where medical and scientific evidence is inconclusive, a plaintiff will have significant difficulty in establishing causation and an entitlement to damages.

Facts

Paul Cotton died of lung cancer. He was a smoker and smoked between 15 and 20 cigarettes a day for 26 years. He had also had light exposure to respirable asbestos fibres over 15 years in the course of his employment. After Mr Cotton died, the executor of his estate sought compensation on the basis of his exposure to asbestos in the workplace.