The plaintiff was injured when working for the defendants spraying glaze onto jars. A small foreign body was blown into her eye. She said that no eye protection had been suuplied as required by the regulations.
Held: The plaintiff’s appeal succeeded: ‘this was an operation which, when one looks at it in the round, carried with it a reasonably foreseeable risk of injury. One has only to imagine the comment of any eye surgeon if asked to watch this Plaintiff at work and asked to watch her putting her head into the booth in order to apply the glaze to the inside of the jar and then removing her head with perhaps some of the glaze adhering to her hair and complaining, as she did at times, of a gritty sensation in her eyes. ‘
Citations:
[1994] EWCA Civ 31, [1995] PIQR 169, [1995] ICR 502
Links:
Statutes:
Factories Act 1961 29(1), Pottery (Health and Welfare) Special Regulations 1950, Protection of Eyes Regulations 1974
Jurisdiction:
England and Wales
Citing:
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Hughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
Cited – Hughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety
Updated: 27 October 2022; Ref: scu.263240