Case Law
Case Law
Absolute Duty
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Summers & Sons v. Frost
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Grinding wheel (pre abrasive wheel regs)
Absolute duty to guard moving machinery
Even if it renders machine unusable
Case Law
Reasonably Practicable
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Edwards v. NCB 1949
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Miner killed – section of underground road collapsed
Balance – quantum of risk against sacrifice
NCB liable – cost not great compared with risk
Case Law
Practicable
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Marshall v. Gotham 1954
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Roof collapsed in mine
Employer had taken all practicable steps
Event not foreseeable – unexpected / abnormal faults
Defined difference between RP and Prac.
Adsett v. K + L Engineering
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Man injured – silica dust – no extraction
Extraction fitted as soon as thought about – too late
Whatever is technically possible – measure has to be known for
its application by industry experts
Cost time money – not taken into account
Case Law
Breach of Stat Duty
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Uddin v. Assoc Portland Cement Manuf
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Into unauth. Part of factory to catch pigeon (roof)
Fell into moving machinery
Protection even if working outside the scope of
employment (authorised worker could have had same
accident)
Case Law
Duty of Reasonable Care
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Neighbour Principle
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Donoghue v. Stevenson 1932
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Test – if reasonably foreseen that act or omission
may cause harm to them
Duty to end user
Case Law
Employers Common Law Duty of Care
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Wilsons and Clyde Coal v. English
(1938)
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Agent ran mine – can not delegate duty of care to 3rd
party
Case Law
Occupiers Liability (trespass)
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British Railways Board v. Herrington
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Child onto rail tracks through fence
Board aware previously – clear evidence of
trespassing
Duty of care to trespassers
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If aware of danger
Risk is one which occ might reasonably be expected to do
something about
Case Law
Voluntary Acceptance of Risk
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Smith v. Baker & Sons (1891)
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Crane working overhead
Claimant knew of risk
Threatened with dismissal if objected
So not “voluntarily accepted”
ICI v. Shatwell
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Two brothers – shot blasters – tested equip in open
Quarries Regs required to be in position of safety
Voluntarily accepted risk
Volenti non fit injura
Conspire to breach stat duty against emplyers specific
instructions
Case Law
Breach must cause injury
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McWilliams v. Sir William Arrol & Co
Ltd
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Co did not supply belts / harnesses
Held that breach did not cause injury – would not
have worn them even if provided (evidence)
Case Law
Loss to be Consequence of Breach
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Corn v. Weirs Glass (Hanley) Ltd
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Glazier fell down stairs – holding glass 2 hands
Held that lack of handrail did not cause injury
(Safe Place Of Work)
Case Law
Discharge of Duty – Reasonable Care
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Latimer v. AEC Ltd
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Factory floor flooded after storm
Sawdust applied, but worker slipped
Held that storm unforeseeable – employer was
reasonable
Case Law
Safety Of 3rd Parties –
Provision of Info
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R v. Swan Hunter
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Contractors not supplied with rule book re. oxygen
equip.
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HAWASA
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Sec 2 – failure to provide info and instruction to ensure safety
of employees
Sec 2 – safe system of work
Sec 3 – persons not employed not exposed to risk
Case Law
Safety Of 3rd Parties –
Provision of SSOW
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R v. Assoc Octel Co Ltd
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Contractor repair tank during shut down period
PTW issued – proved inadequate and not monitored
Reasonably Practicable to ensure contractors health
and safety.
Undertakings = any work carried out on premises
Case Law
Personal Liability of Executives
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Armour v. Skeen
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Director prosecuted
Sec 37 HASAWA – failed to formulate sound policy
Said no personal duty
Personal duty of directors – ruled “directing mind”
Case Law
Vicarious Liability
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Rose v. Plenty
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Milkman delivering milk – breach of duty of care
Boy fell off van – despite employer instructing
otherwise
Employer claimed injury due to driving
Appeal ruled employer liable 
Boy was helping to deliver milk – normal duties – even
though against company rules
Case Law
EMPLOYERS DUTY TO PROVIDE NECESSARY
EQUIPMENT
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Bradford v. Robinson Rentals
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Employee injured – frostbite
Van had no heater
Some kind of injury was foreseeable
Case Law
Higher Duty of Care – Vulnerable Employees
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Paris v. Stepney Borough Council
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Employee blind in one eye
Employer aware
Damaged good eye – goggles not provided
Higher risk due to disability
Case Law
Stress at Work - Reasonableness
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Sutherland v. Hatton and others
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Not liable unless illness reasonably foreseeable
Case Law