The claimant had tripped against a weather strip which protruded by less than 1 cm above the surface of doorway of the staff exit from one of the defendant’s stores. It was a permanent fixture and, as such, was part of the construction of the floor. It had never previously given rise to any accidents or complaints. At first instance, the recorder had found that the simple fact that Mrs Palmer had tripped over the weather strip showed that the floor was unsuitable and in breach of regulation 12(1).
Held: The Court considered whether a floor in which a weather strip had been inserted was of such construction as to breach Regulation 12(1), and gave guidance as to approach to be taken by a court to the question of suitability under Regulation 12(1).
Judges:
Schiemann, Waller LJJ
Citations:
[2001] EWCA Civ 1528
Links:
Statutes:
Workplace (Health, Safety and Welfare) Regulations 1992 12
Jurisdiction:
England and Wales
Citing:
Cited – Rogers v George Blair 1971
The court considered the suitability of some goggles as a means of protecting a workman’s eyes.
Held: To be suitable, the protection need not make it impossible for an accident to occur but it must make it highly unlikely. . .
Cited by:
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 27 June 2022; Ref: scu.218442