Employers Liability, Defences, Remedies For Personal Injury And Death Claims Flashcards
Under the common law duty, what does the employer have to take reasonable steps to provide?
(A) competent staff.
(B) adequate material e.g. equipment.
(C) proper system of work and supervision.
(D) safe place of work
What must the defendant establish to use consent as a defence?
(A) claimant had full knowledge of the nature and extent of the risk.
(B) claimant willingly consented to accept the risk of being injured due to the defendants negligence.
When will consent not apply?
(A) to any motor vehicle offence.
(B) consent as a defence cannot be used against rescuers.
Why does consent rarely succeed in claims by employees against their employers?
Because an employee acts under a duty and therefore has no real freedom of choice when carrying out a task requested by the employer.
How can contributory negligence be established, and how are the damages calculated?
Carelessness on the claimants part and that carelessness has contributed to the claimants damage.
Damages recoverable shall be reduced to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility for the damage.
What is the difference between special damages and general damages?
Special damages - losses capable of being calculated precisely e.g. loss of earnings.
General damages - losses which are not capable of being calculated precisely and are therefore left for the court to examine e.g. pain, suffering and loss of amenity.
What are the 2 types of damages that can be claimed for personal injury?
Pecuniary losses - can be calculated in terms of money e.g. claimants loss of earnings and medical expenses.
Non-pecuniary losses - cannot be calculated in money terms e.g. personal injury - pain, suffering and loss of amenity.
What is ‘lost years’ and how will damages be calculated?
Clients injury has reduced their life expectancy.
Deduct the amount the claimant would have spent on themselves.
25% deduction for married person with dependent children.
33% deduction for those with no dependents.
How do you assess a child’s loss of earnings?
Assume the child would reach a similar level of what their parents earn.
Base the child’s earnings on the national average earnings.
Consider if the child has shown any potential in a particular area of future employment.
What payments are not deducted from the damages which the claimant receives?
Insurance payments
Ill health pensions
Charitable payments
What damages can be claimed on death?
Reasonable funeral expenses can be claimed provided they have been paid for by the estate.
Claim on behalf of dependants for loss of dependency.
Claim for damages of bereavement - only 1 award can be made (children cannot claim).
