The House considered the effect of a statutory provision that: ‘the roof and sides of every travelling road, outlet and working place shall be made secure’
Held: Lord Reid said: ‘I cannot see why it should matter just how the accident was caused provided that it was in fact caused by a breach of the section. I see no ground for imputing to Parliament an intention to make the mineowner liable for some of the consequences of breach but to relieve him of liability for others.’ and ‘The question whether an employer is liable to an employee for injuries caused to him by breach of a statutory duty depends on whether there can be implied from the terms of the statute imposing the duty an enactment that the employer shall be so liable. In general that is implied from the enactment of a duty in the interest of the safety of employees . .’
Judges:
Lord Reid
Citations:
[1956] AC 649
Jurisdiction:
England and Wales
Cited by:
Cited – McDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 04 July 2022; Ref: scu.538254