Judges: Lord Justice Sedley Citations: [2009] EWCA Civ 1581 Links: Bailii Statutes: Workplace (Health Safety and Welfare) Regulations 1992 12 Jurisdiction: England and Wales Health and Safety Updated: 14 August 2022; Ref: scu.415059
Citations: [2019] EWCA Crim 611 Links: Bailii Statutes: Workplace (Health, Safety and Welfare) Regulations 1992 Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 15 July 2022; Ref: scu.640037
The claimant appealed dismissal of her claim for personal injuries. She worked at a nursing home, and had slipped on urine on the floor. Slip mats had been placed on the floor, but had been insufficient. There had been previous accidents, and a risk assessment had identified the dangers, and steps taken. The claim was … Continue reading Ellis v Bristol City Council: CA 5 Jul 2007
The claimant fell over plastic lunch boxes at the school at which she worked as a cleaner. The judge had held that the school was in breach of the regulations, and was liable but the claimant was 50% contributorially negligent. The defendant argued that as a cleaner it was her task to tidy the floors. … Continue reading Burgess v Plymouth City Council: CA 30 Dec 2005
The defendant appealed the award of andpound;100,0000 damages for injury to the plaintiff’s knee in the course of his employment as a fireman. He had been training in the gym, and fell while running. The judge found that he had slipped on a surface of dust on the floor in breach of the Regulations. Held: … Continue reading Merseyside Fire and Civil Defence Authority v Bassie: CA 1 Nov 2005
A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable. Held: The nurse’s appeal failed. The mere fact of an entirely unexpected and unpredictable flood does not mean that … Continue reading Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005
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 … Continue reading Marks and Spencer Plc v Palmer: CA 9 Oct 2001
The defendant appealed against finding of liability. The claimant, an officer ar Armley Prison had been redirected to a side entrance. There was a ramp, but at the top was a two inch step. The parties had disputed the exact circumstances of the fall. Held: The appeal failed: ‘The Recorder approached regulation 12(3) by saying … Continue reading Home Office v Lowles: CA 29 Jul 2004
The pursuer, a teacher slipped on a potato chip on a ramp leading from the school kitchen. Held: Given the nature of the flooring and the slope of the ramp there was a real risk of slipping, which was increased by the presence of the chip. The defenders were in breach of an absolute duty … Continue reading Gilmour v East Renfrewshire Council: OHCS 5 Dec 2003
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The appellant’s place of employment was at that yard. The yard was iced and despite attempts to grit … Continue reading King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The prisoner had dropped a large bag of rice on her whilst she was kneeling. The … Continue reading Cox v Ministry of Justice: CA 19 Feb 2014
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 … Continue reading Craner v Dorset County Council: CA 5 Dec 2008
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the minimum height. The defendant had been told that it would neither be allowed to increase its height nor … Continue reading Geary v JD Wetherspoon Plc: QBD 14 Jun 2011
Safety Duty on Employer was not Absolute The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order and good repair. The defender said it was governed by … Continue reading Munro v Aberdeen City Council: SCS 17 Sep 2009
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