The concept of foreseeability and remoteness in negligence claims

The defendant is liable for damage only if it was a foreseeable consequence of the breach of common law duty. It is not necessary to show that the defendant should have foreseen precisely what happened. It is enough if the injury is of a type that could have been foreseen even if it came about in an unexpected way.

See Practice Notes: Duty of care in personal injury claims and Breach of the duty of care in personal injury claims.

However, even if the claimant proves:

1. •

   that the defendant acted negligently (ie in breach of duty), and

2. •

   that the negligence was in fact the cause of the injury or damage

The defendant will not necessarily be liable for all of the damage.

In order to recover damages in a claim based in negligence, the injury or damage needs to have been reasonably foreseeable. If the damage was not reasonably foreseeable, the defendant is not held responsible and the damage is said to be too