The pursuer, a firefighter, sought damages for injury incurred during a drill. The drill involved manipulating a ladder, which was caught by the wind, a known risk in such exercises.
Held: The defenders had failed to discharge the burden on them of establishing that all appropriate steps were taken to reduce the risk of injury to the pursuer and his fellow employees to the lowest level reasonably practicable, as was required of them under Regulations.
Lord Marnoch, Lord Hamilton, Lord Macfadyen
[2003] ScotCS 203
Bailii
Manual Handling Operations Regulations 1992 4(1)(b)
Scotland
Citing:
Cited – Nimmo v Alexander Cowan and Sons Ltd HL 1967
The employer was prosecuted under the 1961 Act.
Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.184666 br>