The claimant, a nurse employed by the defendant, appealed against the refusal of her claim for personal injury suffered operating a hoist whose wheels jammed when they hit a plinth in the floor. No risk assessment was in place.
Held: The judge had not separately considered the allegation of breach of regulation 4(1)(b)(ii). This was an additional obligation and was not affected by whether the failure to carry out the risk assessment was causative. There had been reasonably practicable ways of minimising the danger. However the claimant remained 50% contributorily negligent.
Judges:
Sedley LJ, Keene LJ, Smith LJ
Citations:
[2008] EWCA Civ 1424, [2009] ICR 585
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998 4(1)(b)(ii)
Jurisdiction:
England and Wales
Cited by:
Cited – Gold Harp Properties Ltd v Macleod and Others CA 29-Jul-2014
The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 21 July 2022; Ref: scu.278975
