2013
EMPLOYERS’ LIABILITY AND
PUBLIC LIABILITY CLAIMS
Alison Standfast
31 January 2013
astandfast@watmores.co.uk
Occupiers’ Liability Act 1957
A general duty to take such care as in all the circumstances of the case as
is reasonable to see that the visitor will be reasonably safe in using the
premises for the purpose for which he is invited or permitted to be there.
Employees
In addition to a general duty pursuant to OLA57 there are further duties in
relation to employees.
For example: Provision and Use of Work Equipment Regulations 1998
 Workplace (Health, safety & Welfare) Regulations 1992
 Management of Health & Safety at Work Regulations 1999 (duty to
undertake Risk Assessment)
Liability Investigations
3 types of evidence: Documents
 Witness Evidence
 Expert evidence
Disclosure
1. When giving standard disclosure, a party is required to make a reasonable
search for documents.
2. The factors relevant in deciding the reasonableness of a search include the
following: the number of documents involved;
 the nature and complexity of the proceedings;
 the ease and expense of retrieval of any particular document; and
 the significance of any document which is likely to be located during the search.
3. Where a party has not searched for a category or class of document on the
grounds that to do so would be unreasonable, he must state this in his
disclosure statement and identify the category or class of document.
Disclosure continued
All documents relevant to the claim MUST be disclosed even if
they are adverse to the defence.
Disclosure Statement
Proceedings for contempt of court may be brought against a
person if he makes, or causes to be made, a false disclosure
statement, without an honest belief in its truth.
Witness Evidence
A witness can be: Someone who witnessed the accident.
 Someone who can give evidence about the circumstances which gave rise to
the accident.
 Someone who can give evidence in relation to the value of the claim.
Expert Evidence
 Engineering
 Ergonomic
 Scientific
Quantum Investigations
1. General damages
2. Special Damages




GP Notes
Hospital records
Expert Medical Evidence
Surveillance
Fraudulent Claimants (1)
Liability
 Did the accident actually occur?
 Did the accident occur in the way the claimant describes?
 Very difficult to prove!
What can we do?
Early investigation is key to this defence: Take witness statements
 Take photographs
 Capture CCTV footage?
 Ensure injured person reads and signs the accident report.
Fraudulent Claimants (2)
Quantum
 Is the claimant exaggerating their symptoms?
 Is the claimant attempting to mislead as to the cause of the injury?
 Is the claimant injured?
 Is the claimant working but has told medical expert he is unable to?
What can we do?
 Investigate!
 Consider all evidence objectively
 Personnel files and OH files
 Inland Revenue
 Surveillance
Why is it important?
 Saves time
 Saves money
 Fairness and justice