The claimant sought damages after hitting his knee when a trolley he was pushing stopped abruptly on hitting a raised slab on the defendant’s pathway.
Held: The defendant’s appeal failed. In the end what was reasonable was a question of fact. ‘for the future that a case of this kind should be considered under regulations 12(1) and (2) because the concept of ‘unevenness’ in regulation 12(2)(a) is more apt than the concept of ‘obstruction’ in 12(3) to describe the difference in height (such as it was) between the paving slabs ‘ The court did not support the judge’s findings as to the unsuitability of the trolley, though the judge had not been greatly assisted by the solicitors involved. The issue of reasonable choice has to be looked at compendiously, and not necessarily separately in relation to each of the elements of pharmaceutical services/directed services and persons from whom recipients may obtain pharmaceutical services. However, even where there is limited or even no choice, it is still open to a decision-maker to find that, taking all the relevant factors into account, the provision of pharmaceutical services in the neighbourhood was adequate.’
Sedley LJ, Arden LJ, Longmore LJ
[2008] EWCA Civ 1323, Times 27-Feb-2009, [2009] PIQR P10, [2009] ICR 563, [2008] NPC 134
Bailii
Workplace (Health, Safety and Welfare) Regulations 1992 12(3), Provision and Use of Work Equipment Regulation 1998 4
England and Wales
Citing:
Cited – Jenkins v Allied Ironfounders Ltd HL 1970
In the context of an action for a trip, and whether the path could have been repaired, the question of ‘reasonable practicability’ could be decided on inferences from the evidence without recourse to onus of proof being on the defenders. . .
Cited – Marks and Spencer plc v Palmer CA 9-Oct-2001
A shopper carrying some heavy bags tripped and fell over a weather strip, which was proud of the floor at an exit door to the extent of some 8 to 9.5 mm high. The recorder had said that, once he was satisfied that the claimant came into contact with . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety
Updated: 10 November 2021; Ref: scu.278524