Employers Liability Flashcards
What is employer’s liability in the context of tort law?
Employer’s liability refers to the duty of care an employer owes to their employee, primarily for physical harm arising from negligence in the workplace.
Can an employer delegate their duty of care to employees or contractors?
No, the employer cannot delegate their duty of care. It is a personal responsibility, meaning employees can sue their employer directly for negligence.
What are the key elements of the employer’s duty of care in negligence?
The key elements are: 1. Competent staff 2. Adequate plans and materials 3. Safe system of work 4. Safe workplace.
What does the employer’s duty to provide competent staff entail?
The employer must ensure that other employees are competent, properly trained, and supervised. The employer is liable if they fail to do so.
What does the duty to provide adequate plans and materials mean?
Employers must provide the necessary and suitable materials and equipment for the job, such as safety gloves or helmets.
What is meant by a ‘safe system of work’?
A safe system of work refers to the layout of tasks, the sequence of work, the training of employees, and proper warnings and instructions. Employers must implement and supervise this system adequately.
What does the employer’s duty to provide a ‘safe workplace’ involve?
It involves ensuring that the physical environment, such as flooring and equipment, is safe and free from hazards like tripping risks.
Is occupational stress covered under employer’s liability?
Yes, occupational stress is considered part of the safe system of work, but only if the risk of harm is reasonably foreseeable based on the nature of the work and signs of distress from the employee.
What factors make the risk of occupational stress foreseeable?
The nature of the employee’s workload and clear signs of harm or distress from the employee must indicate that harm is foreseeable.
How does the breach of duty apply in employer’s liability claims?
The breach is evaluated based on whether the employer failed to meet the standard of a reasonable employer. Specific risks related to an employee’s condition (e.g., impaired vision) must also be considered.
How do health and safety regulations impact employer’s liability?
Employers must adhere to statutory health and safety regulations, and a failure to comply with these regulations can be used to prove breach of duty in negligence claims.
What is the causation rule in employer’s liability cases?
The causation rule follows the ‘but for’ test or material contribution test, depending on the case. The claimant must prove that the employer’s breach directly caused the harm, with no intervening acts.
Are there any special defenses available in employer’s liability cases?
Yes, defenses such as consent and contributory negligence may apply, but the employer-employee relationship can affect how these defenses are used.
How does an employer’s duty of care differ for individual employees?
Employers must take greater care if specific known risks exist for an individual employee, such as if an employee has a pre-existing condition that makes them more vulnerable to harm.
