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