Case Law

Case Law

Absolute Duty

Summers & Sons v. Frost

Grinding wheel (pre abrasive wheel regs)

Absolute duty to guard moving machinery

Even if it renders machine unusable

Case Law

Reasonably Practicable

Edwards v. NCB 1949

Miner killed – section of underground road collapsed

Balance – quantum of risk against sacrifice

NCB liable – cost not great compared with risk

Case Law

Practicable

Marshall v. Gotham 1954

Roof collapsed in mine

Employer had taken all practicable steps

Event not foreseeable – unexpected / abnormal faults

Defined difference between RP and Prac.

Adsett v. K + L Engineering

Man injured – silica dust – no extraction

Extraction fitted as soon as thought about – too late

Whatever is technically possible – measure has to be known for

its application by industry experts

Cost time money – not taken into account

Case Law

Breach of Stat Duty

Uddin v. Assoc Portland Cement Manuf

Into unauth. Part of factory to catch pigeon (roof)

Fell into moving machinery

Protection even if working outside the scope of

employment (authorised worker could have had same

accident)

Case Law

Duty of Reasonable Care

Neighbour Principle

Donoghue v. Stevenson 1932

Test – if reasonably foreseen that act or omission

may cause harm to them

Duty to end user

Case Law

Employers Common Law Duty of Care

Wilsons and Clyde Coal v. English

(1938)

Agent ran mine – can not delegate duty of care to 3rd

party

Case Law

Occupiers Liability (trespass)

British Railways Board v. Herrington

Child onto rail tracks through fence

Board aware previously – clear evidence of

trespassing

Duty of care to trespassers

If aware of danger

Risk is one which occ might reasonably be expected to do

something about

Case Law

Voluntary Acceptance of Risk

Smith v. Baker & Sons (1891)

Crane working overhead

Claimant knew of risk

Threatened with dismissal if objected

So not “voluntarily accepted”

ICI v. Shatwell

Two brothers – shot blasters – tested equip in open

Quarries Regs required to be in position of safety

Voluntarily accepted risk

Volenti non fit injura

Conspire to breach stat duty against emplyers specific instructions

Case Law

Breach must cause injury

McWilliams v. Sir William Arrol & Co

Ltd

Co did not supply belts / harnesses

Held that breach did not cause injury – would not

have worn them even if provided (evidence)

Case Law

Loss to be Consequence of Breach

Corn v. Weirs Glass (Hanley) Ltd

Glazier fell down stairs – holding glass 2 hands

Held that lack of handrail did not cause injury

(Safe Place Of Work)

Case Law

Discharge of Duty – Reasonable Care

Latimer v. AEC Ltd

Factory floor flooded after storm

Sawdust applied, but worker slipped

Held that storm unforeseeable – employer was

reasonable

Case Law

Safety Of 3rd

Parties –

Provision of Info

R v. Swan Hunter

Contractors not supplied with rule book re. oxygen

equip.

HAWASA

Sec 2 – failure to provide info and instruction to ensure safety

of employees

Sec 2 – safe system of work

Sec 3 – persons not employed not exposed to risk

Case Law

Safety Of 3rd

Parties –

Provision of SSOW

R v. Assoc Octel Co Ltd

Contractor repair tank during shut down period

PTW issued – proved inadequate and not monitored

Reasonably Practicable to ensure contractors health

and safety.

Undertakings = any work carried out on premises

Case Law

Personal Liability of Executives

Armour v. Skeen

Director prosecuted

Sec 37 HASAWA – failed to formulate sound policy

Said no personal duty

Personal duty of directors – ruled “directing mind”

Case Law

Vicarious Liability

Rose v. Plenty

Milkman delivering milk – breach of duty of care

Boy fell off van – despite employer instructing

otherwise

Employer claimed injury due to driving

Appeal ruled employer liable -

Boy was helping to deliver milk – normal duties – even

though against company rules

Case Law

EMPLOYERS DUTY TO PROVIDE NECESSARY

EQUIPMENT

Bradford v. Robinson Rentals

Employee injured – frostbite

Van had no heater

Some kind of injury was foreseeable

Case Law

Higher Duty of Care – Vulnerable Employees

Paris v. Stepney Borough Council

Employee blind in one eye

Employer aware

Damaged good eye – goggles not provided

Higher risk due to disability

Case Law

Stress at Work - Reasonableness

Sutherland v. Hatton and others

Not liable unless illness reasonably foreseeable

Case Law