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

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 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

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 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

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 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

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 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)

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 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)

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 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

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 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

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 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

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 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

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 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