The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee.
Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a co-employee. That mischief was not foreseeable under the 1992 Regulations. A step is only realistically ‘necessary’ when the mischief to be guarded against can be reasonably foreseen.
Judges:
Mr Justice Bodey, Lord Justice Rix, Lord Justice Mantell
Citations:
Times 25-Nov-2002, Gazette 09-Jan-2003, [2002] EWCA Civ 1604, [2003] ICR 179
Links:
Statutes:
Provision and Use of Work Eqipment Regulations 1992 (1992 No 2932) 20, Construction (Health, Safety and Welfare) regulations 1996 (1996 No 1592) 5
Jurisdiction:
England and Wales
Cited by:
Cited – Robb v Salamis (M and I) Ltd HL 13-Dec-2006
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Personal Injury
Updated: 20 November 2022; Ref: scu.178202
