In Western Australia, claims under s 4(1) of the Fatal Accidents Act 1959 (WA) require proof that the death was a reasonably foreseeable consequence of the defendant's negligence, following the approach in [name withheld] v [name withheld] rather than the majority in Haber v Walker. Death from misuse of prescription drugs is not reasonably foreseeable as a result of a very minor motor vehicle collision, even where the drugs were prescribed for accident-related injuries. Where the deceased had a long pre-existing history of analgesic use and abuse, ordinary common sense and experience deny that a minor collision materially contributed to a fatal overdose occurring two years later.
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