Facts
The claimant's leg was weakened in a work accident. He later went down steep stairs without a handrail or help, his leg gave way, and he jumped and broke his ankle.
Issue
Did his own conduct break the ?
Held
Yes. His unreasonable conduct was a , so the employers were not liable for the second injury.
Principle
If an injured person acts unreasonably, the is not liable for injury caused by that conduct (Lord Reid).
Why it matters
Contrast with Wieland v Cyril Lord Carpets.
Cited in these chapters
Cite this page
McKew v Holland & Hannen & Cubitts (Scotland) Ltd [1969] 3 All ER 1621 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/mckew-v-holland> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.