The driver appealed against refusal of his claim for damages. As a driver, he also used a makeshift tool. He said that his employers provided no proper place for it to be kept, so he placed in in a side pocket of his cab. It fell out and prevented him applying the brakes leading to the accident.
Held: His claim failed. It was not conceivable that Parliament could have intended to impose strict liability on an employer in respect of an item of equipment about which he did not know and could not reasonably have been expected to know.
Lady Justice Smith
[2009] EWCA Civ 95, [2009] PIQR P14
Bailii
England and Wales
Cited by:
Cited – Smith v Northamptonshire County Council HL 20-May-2009
The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury. She sought damages from her employer.
Held: Her appeal failed (Lord Hope and Lady Hale dissenting). The . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2021; Ref: scu.295113