Case Law Flashcards
Summers v Frost 1955
Absolute duty
Hand in contact with grinding wheel that should have been completely guarded
Absolute duty - guarding to afford complete protection to careless or inattentive worker
Ruled that there had been a breach of statutory duty
Marshall v Gotham 1954
Practicable duty
Mine roof collapsed, previously tested but not propped. Collapse due to unforeseen geological fault not known about.
Risk of roof collapse not reasonably foreseeable
Employer not liable because had taken reasonable steps to secure roof
Edwards v National Coal Board 1949
Reasonably practicable duty
Miner killed when road subsided, no timber supports
Other sections supported
NCB liable as cost to install supports was not prohibitive compared to the risk
Lister v Romford Ice Cold Storage 1957
Vicarious liability - negligence of employees
Father run over by son driving truck
Employee breached duty implied in employment contract to take due care
McArdle v Andmac Roofing 1967
Vicarious liability - negligence of contractors
subcontractor hired to repair roof
employee fell through gap left
Main contractor had duty to supervise and ensure gaps not left
Driver v Willett (Contractors) 1969
Vicarious liability - joint liability
Claimant injured when hoist used unsafely
Sued safety consultants who failed to advise ref lifting equipment
Austin Rover v Inspector of Factories 1989
Vicarious liability - independent contractors
paint sump cleaned by contractors
employee killed by flash fire
instructed not to use highly flammable thinners from pipe - not followed
contractor required to provide own thinners
ruling - not reasonable to take measures that took into account misuse
Donoghue & Stevenson 1932
Duty of care - neighbour principle
helped establish modern law on negligence
friend bought Donoghue ginger beer
started drinking
rotten snail fell into glass
suffered shock and stomach illness
sued manufacturer because she did not have a contract with the cafe that sold the ginger beer
court ruling - manufacturer had duty of care to the consumer of his goods
needed to take reasonable care to prevent injury
Wagonmound Overseas Tankship Ltd v Morts Dock & Engineering Co 1961
Foreseeability
Mort owned wharf Ship owned by Tankship leaked oil whcih was carried to Mort#s wharf Told not flammable Welding & burning works Wharf destroyed when oil caught fire
Ruling - defendant could not reasonably have foreseen that the oil would catch fire. Therefore not liable because damage was too remote
Adsett v K&L Steelfounders & Engineers 1953
Practicable
Adsett contracted pneumoconiosis fro breathing silica dust
Shovelling sand onto a grate
Dust extractor subsequently fitted when employer thought of it
Measure only practicable if it is within current knowledge and invention, and known to be used within the application in the industry
Stark v Post Office 2000
Specific wording to define an absolute duty
Stark injured when brakes of bike provided by Post Office failed and he fell off.
Claimed breach of sction 5 of PUWER 1998 - ‘work equipment shall be maintained in efficient state, in efficient working order and good repair
Post office liable - evidence that bike had been maintained. But brakes failed so not in efficient state, efficient working order and good repair
R v Associated Octel 1996
Prosecution HSWA Section 3(1) - liability for safety of others affected
Asscociated Octel closed down production processes at Ellesmere Port for pre-planned maintenance
Repair of tank lining being done by contractor Resin Glass Products Ltd
Employees of RGP smashed lamp, ignited acetone vapours, was badly burned
RGP convicted under Section 2, Associated Octel under Section 3(1)
Appealed to House of Lords
Duty to prevent exposure to risks arising from undertaking extends to independent contractors whose works are necessary to the employer’s business
R v British Steel 1995
Prosecution HSWA Section 3(1) - criminal controlling mind
British Steel repositioning a section of steel platform, cutting platform and moving it.
Supervision & equipment provided by British Steel, labour by contractor
Platfom cut free by contractor, not secured, struck & killed one.
Convicted under section 3(1), appeal to Appeal Court.
Not able to avoid liability on basis that a company ‘directing mind’ was not involved but had taken reasonable care to delegate supervision
R v Chargot Ltd 2008
Prosecution HSWA Section 2
Dumper truck overturned killing employee
No witnesses
Overturned when descending ramp, buried under spoil being carried
Defence said details of exact failure of company needed
Referred to House of Lords
Case arose from fatal accident which resulted from employer’s failure to ensure safety / absence of risk
Onus on defence to prove everything reasonably practicable was done
R v HTM 2006
Foreseeability & Management Regs Section 21
Two employees moved lighting tower at motorway contraflow.
Didn’t lower tower, struck overhead power lines, electrocuted
HTM denied liability as actions of employees could not have been foreseen and employees were trained
HSE contested defence - foreseeability irrelevant, and Management Regs Section 21 - nothing in regs shall operate to afford an employer a defence in any criminal proceedings by reason of any act or default of an employee
Court of Appeal - employer still had to demonstrate that done everything reasonably practicable to ensure skills, instruction, procedures, supervision, safe equipment etc
Reg 21 does not stop employers pointing to act of employee as part of argument they had done all reasonably practicable
R v Nelson Group 1998
Section 3(1) HSWA Isolated act of employee as a defence
A trained gas fitter left a gas fire in a condition that exposed the house owner to H&S risks
Court of Appeal - Gas fitter’s negligent act did not preclude employer from using reasonably practicable as a defence
Successful appeal
If systematic negligence, then employer not done enough - isolated incident
R v P 2007
Section 37 HSWA
Criminal neglect
6 yr old thrown from forklift, passenger collided with second forklift with unclamped roll of paper
Prosecution stated that managing director had ultimate responsibility
Defence said that unaware of the practice
Court of Appeal ruling on what had to be proved to show neglect of company director. Ought to have known, therefore neglectful
R v Porter 2008
Section 3 (HSWA) Risk assessment - trivial risks
Porter = headmaster at private school
Boy jumped down steps, hit head
Prosecuted for insufficient supervision.
Had suitable & sufficient risk assessment
Acquitted on appeal to Court of Appeal
nothing wrong with the steps, risk was no different to that outside of school, could not have been identified by risk assessment.
Needs to be a ‘real risk’
R v Swan Hunter 1982
Section 2(2)(c) HSWA Provision of info to 3rd parties
Fire on HMS Glasgow
Caused by sub contractors - didn’t disconnect oxygen hose
8 killed
Info on oxygen enrichment given to employees but not to contractors
Convicted - duty to inform non-employees of known risks
Caparo Industries v Dickman 1990
Duty of care test
Company Fidelity target of takeover by Caparo and started buying shares
Dickman prepared accounts but Fidelity were actuially in a worse state.
Caparo said that they had relied on the accounts in their investment decision
Appeal to House of Lords - no duty of care
Accounts produced for the benefit of existing shareholders
3 fold test for duty of care:
harm muse be reasonably foreseeable
relationship of proximity between defendant & claimant
must be fair, just & reasonable to impose liability
Corr v IBC Vehicles Ltd 2008
Defendant held liable for suicide
Proximity
Corr accident, metal plate dropped hitting almost severring ear.
Post traumatic stress disorder, headaches, difficult sleeping
Depression & suicide
Parties agreed that suicide resulted from injury
Question of whether damage was too remote?
House of Lords ruling - suicide as result of psychological condition as result of employer negligence
Fairchild v Glenhaven Funeral Services 2002
Joint liability, causation
Fairchild worked for a number of employers as a subcontractor for Leeds City Council working at different sites where exposed to asbestos
Contracted mesothelioma
Could not identify which source had caused this
House of Lords - joint liability as all had increased risk of harm
Jones v Livox Quarries Ltd (1952)
Contributory negligence
employee hitched lift on towbar of tracked excavator
driver was unaware
dumper truck drive into back, crushing employee, legs amputated
Claimant contributory negligent - ought to have foreseen that he might get hurt
Latimer v AEC Ltd 1953
Reasonable care
Factory flooded after storm, mixed with cooking oil
Sawdust available but not enough fro whole floor
Latimer slipped when carrying a heavy bin
Damages claimed for floor not properly maintained
House of Lords ruling - transient condition of otherwise sound floor. Employer had taken reasonable steps
