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50 Cards in this Set
- Front
- Back
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Adsett v K and L Steelfounders Ltd 1953 |
Significance of 'practicable' Shovelling, breathed in dust, got a disease Extraction system installed later as soon as its use thought of Employers not in breach, system wasnt invented Measure or system has to be known to be practicable |
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J Armour v J Skeen (procurator fiscal, glasgow) 1977 |
S37(1) prosecution Workmen fell to death off bridge Armour director of roads responsible 4 worker No written safety policy Prosecuted s37(1) personal liability senior ppl Defence: no personal duty to carry out Council's statutory duty. Rejected. |
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Associated dairies Ltd v Hartley |
Reasonable practicability: cost After fractured toe factory inspector issued improvement notice, provide free footwear to roller truck using employees Company appealed on cost grounds Tribunal held its right to consider extent of risk, time, trouble + expense of solution Law only prohibits levy on safety equipment under specific requirements not under general duty clauses. |
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Baker v TE Hopkins & Son Ltd |
Defence volenti non fit injuria D adopted dangerous system of work Fumes in a well, doctor died trying to rescue D argued he consented Not rational nor seemly to say rescuer freely takes on risk due to D's negligence Rescue expected. Rejected defence. |
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Barber v Somerset County Council |
Work related stress- breach of duty to take reasonable care to avoid injuring health s(2) Work adversely affected mental health-no help Overworked school teacher Test: had LA fallen below standard properly to be expected of reasonable&prudent employer taking positive steps for safety of workers in light of what he knew or ought to have known H of L in favour of teacher |
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Barkway and South Wales Transport co. ltd. |
Man killed bus tyre burst Robust inspection regime but... No system to report or require drivers to report incidents that could ID hidden defects Provision/monitoring of safe plant+equipment includes both monitoring safety performance & availability and use of regular defects reporting system s2(2)(a) |
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Bradford v Robinson Rentals 1967 |
Not necessary to foresee precise harm, enough that some was forseeable Driver driving in cold van no heater 500 miles Permanent injury to hands + feet-unusual Some injury forseeable Liable to claimant for negligence |
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British Railway Board v Herrington 1972 |
Common law duty to tresspassers 6 year old kid fell on live train line 3 stage criteria H of L Replaced by Occupiers' Liability Act 1984 |
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Cambridge Water Co. ltd. v Eastern counties leather 1994 |
Strict liability, addition reasonable forseeability to Rylands v Fletcher Contaminant in water using old defunct system H of L damage was unforeseeable as solvent expected to evaporate not run into water supply |
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Caparo v Dickman 1990 |
Establishing when duty owed- most significant recent decision Donoghue v Stevens principle too broad 3 stage test: harm reasonably foreseeable, sufficient proximity between D and claimant fair just & reasonable to impose duty? -limits liability eg PTSD post hillsbrough. Could have collapsed insurance system |
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Corn v Weirs Glass (Hanley) Ltd 1960 |
Liability for personal injury-no link breach+loss Glazier carrying glass both hands up stairs No handrail-against regs But using both hands so wouldnt have helped Absense was not cause of injury |
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Corrr v IBC Vehicles Ltd. |
Spouse death damages from suicide D blow to head. Committsuicide 6 years later D claimed damages too remote H of L 1. He wouldnt have done it if no accident, therefore within d of c Depression foreseeable from breach Did not break chain of causation as reasonably foreseeable No consent to accident/injury nor suicide Contributory negligence could be appropriate |
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Davie v New Merton Board Mills Ltd 1959 |
Duty safe tools/equipment,foreseeability harm Precursor to Employers' Liability (Defective Equipment Act) |
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Donaldson v Hay Distribution Services Ltd 2005 |
Pedestrians cant sue for breach of statutory duty under Workplace (H,S&W regs) Designed to protect workers only |
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Donoghue v Stevenson 1932 |
Neighbour principle If reasonably foreseeable that act/omission may cause harm |
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Edwards v National Coal Board 1949 |
Reasonbly practicable No HSWA definition Weigh 'quantum of risk against quantum of sacrifice' (cost/time/trouble) If gross disproportion then no requirement D must prove this. Size/financial resources not a consideration |
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Fairchild v Glenhaven Funeral services Ltd and others 2002 |
Joint/several liability mesothelioma Exposure to asbestos dust by 1+ employers if C employed @ diff times/periods by A+b A+B subject to d of c/ prevent exposure A+b breached duty & mesothelioma develops Each D liable in full for damages |
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Ferguson v John Dawson and Partners (contractors) ltd 1976 |
Ferguson subcontractor for John Dawson Fell off flat roof no guard rail Breach of statutory duty Construction regs 66 C of A Ferguson under contract of service so covered and owed duty 4 guard rail Liable for damages |
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General cleaning contractots ltd v Christmas |
C cleaned windows dangerously in absence of SSW, sustained injuries after fall D provided safety belts but nowhere to hook Employers' duty of care to provide SSW |
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Hudson v Ridge Manufacturing Co. Ltd 1957 |
Employer duty competent workers, foreseeable harm practical joke Employer aware of joker. Did not fire him. C injured, claimed damages for negligence Held liable breach of duty of care Remove employees habitually source of danger |
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ICI v Shatwell |
Volenti non fit injuria 2 Explosive contractors injured in explosion Ignore instructions & specific regs 1 contractor tried 2 sue ICI for other's actions vicarious liability ICI not liable- volenti non fit injuria |
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Intel corporation UK ltd v Daw |
Liability for work related stress-counselling Nervous breakdown-overwork-negligence Intel offered free counselling but harm foreseeable. C won. Counselling wouldnt reduce workload Counselling not enough to discharge liabilitya |
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Jones v livox quarries 1952 |
Contributory negligence Jones against instruction hitched ride on exacavatilor. Injured by vehicle behind. Sued negligence for both. Found 2nd driver liable. 20% C contributory negligence. Contributorily negligent if he ought reasonably to have forseen that if he did not act as reasonable prudent man he might hurt himself. Should also take account others might be careless. 1) what fault caused damage 2) was his fault one of them |
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Knowles v Liverpool City council |
'Equipment' Employer Liability (Defective equipment act) Flagstone broke and caused injury Equipment "every article provided to an employee for purpose of employer's business" |
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Latimer v AEC |
Safe place of work, access/egress Factory floor flooded, became slippery Treated with sawdust until none left Employee slipped & injured Sawdust sufficient for normal need, there employer had taken reasonable steps |
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Lister v Romford Ice and cold storage |
Son not following rules backed over father Father sued firm vicarious liability Firm found liable Insurers sued son breach of contract H of L: son had to pay same as employer |
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Machray v Stewart and Lloyds Ltd |
Contributory negligence: ssw C rigger, injured by pipe 1 block and tackle not 2 on urgent job No contributory negligence he had been prevented from following usual preferences by failure of D to provide it |
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Marshall v Gotham and co Ltd |
Practicable/reasonably practicable If a precaution is practicable it must be taken unless in whole circumstances it would be unreasonable Whatever technically possible in light of current knowledge must be carried out Time cost trouble not to be considered |
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McWilliams vs sir william arroll and co ltd 1962 |
Causal link breach and loss Steel erector fell and died Safety belts had been available but not on day Evidence he wouldnt have worn it anyway At time employer didnt have to enforce PPE |
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Mersey docks and Harbour board v Coggins and griffiths |
Vicarious liability for hired out employee Crane driver employed by harbour board Hired by stevedores to load ship Injured stevedore employee Who employed crane driver Who has authority to direct or delegate manner in which vehicle driven? Driver using own discretion delegated by harbour board Harbour board vicariously liable. |
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Paris v Stepney Borough Council 1950 |
Special duty to vulerable person 1 eyed garage worker, blind after metal entered good eye No protective equipment given If aware of worker with disability which increases risk of serious injury special precautions necessary Stepney council negligent failing to supply goggles to him even though they didnt give them to others |
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Qualcast (Wolverhampton) v Haynes |
Experienced moulder, molten metal splashed on to boot. Injured. Won, 75% contributory Spats/reinforced boots at cost On appeal lost. Knew all there was to know, voluntarily wore own boots, went back to job and did same again "so no advice beforehand would have any effect" |
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R v associated Octel |
Definition of undertaking s3 HSWA Flammable liquid used to clean. Fire starts. Must ensure contractors h&s reasonable practicability. Undertaking "any work carried out on the employers' premises, may include work on other premises part of employer's business" |
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R v HTM |
HSWA s2(1);foreseeability of accident/ breach Necessary to take into account likelihood & therefore evidence of forseeability could be presented against cost of eliminating risk |
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R v Nelson Group Services (Maitenance) |
Reasonable practicability Isolated act of negligence by employee working on behalf of company does not stop that employer from establishing defence that he has done everything reasonably practicable |
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R v P and Another |
Neglect not based on what one knew but what one ought to have reasonably known s37 consent connivance or negligence Consider: D's job, whether failure to take a step which could and should have been taken, D's state of knowledge of a need for action |
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R v Porter |
'risk' within HSWA must be real not fanciful Juries must consider each case on its facts This case: no previous accidents despite same supposedly inadequate supervision, nothing wrong with step construction, a child slipping or jumping on stairs daily occurance |
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R v Swan Hunter Shipbuilders LTD 1982 |
I,I,T to non-employeed s2(2)(c) HSWA Fire on ship caused by subcontractor Book on safe use equip given to own employees but not subbys unless requested. 2(2)(a), 2(2)(c) 3(1) held to impose duty to inform/instruct employees other than own sfarp. |
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Rose v Plenty |
Vicarious liability Milkman took 13 yr old on round. Injured. Firm had notice@ depot prohibiting kid work Cus boy was used in scope of milkman's employment and purpose of employer business company vicariously liable. Prohibition of an act not necessarily enough to exempt liability |
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Rylands v Fletcher |
Strict liability private nuisance Occupier of land who brings onto it anything likely to do damage if it escapes will be liable for damage caused by escape |
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Snith v Baker and sins 1891 |
Volenti non fit injuria Work in quarry drilling rock. Crane worked overhead. Known it could drop rocks. Rock falls injured C. Employer defence of volenti not proved, threatened with sack if objected |
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Smith v Crossley Bros 1951 |
Employer not vicariously liable where wilfull misbehaviour cannot be foreseen |
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Speed v Swift (Thomae) and co. Ltd 1943 |
Employer duty for ssw and updated to account for changing situations |
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Stark v Post Office 2000 |
Absolute duty to msintain work equip in efficient state, working order & good repair Reg 6(1) PUWER Post man bike Manufacturer/metal issue. Wouldnt be found by inspection |
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Sutherland and others v Hatton and others 2002 |
Employers' liability for work related stress Ordinary principles of employers liability apply Threshold is was harm reasonablyforeseeable Foreseeability depends on what employer knows or ought to have known Must be plain enough for any reasonable employer to notice Size/scope business are relevant If only option demote/dismiss employer can let willing worker continue C must show breach of duty caused or materially contributed to harm suffered-occupational stress not enough |
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Thompson and others v Smithd Ship repairers 1984 |
Noise induced hesrihg loss liability date of knowledge Damage 1940s-1970s When would reasonable and prudent employer have acted, in line with common practice in industry 1963 decided so only liable from then |
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Viasystems Tyneside v Thermal transfer (Northern) Limited 2005 |
2 separate employers can be vicariously liable for actions of 1 employee Viasystem contracted thermal 4 air con. Thermal subbyd s&p darwell ltd who contracted CAT metalwork CAT fitter's mate supervised by fitter from s&p negligently caused a flood Viasystem sued all 3 Who was entitled to exercise control of fitters mate It was CAT & S&P. 50% EACH |
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Walker v Northumberland county council 1994 |
1st case employer held liable for employee's work related stress |
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Westminster city council v Select Management 1984 |
S4 HSWA common parts residential buildings non-domestic Select management controlled premises so had to sort lifts etc They said it was domestic so s4 doesnt apply They lost |
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Wilsons and clyde coal ltd v English 1938 |
Employer common law duty of care 4 employees Safe place of work, safe plant, equipment ssw competent staff |
