The court considered liability after serious injury was suffered by a professional jockey during a steeplechase. His horse threw him after landing and he collided with a guard rail. He now appealed against dismissal of his claim.
Held: His appeal succeeded: ‘it is not enough for a defendant, where Regulations apply, simply to comply with the requirements of reasonableness imported by the common law or the Occupiers’ Liability Act. Where the Regulations apply, the test for an employer (or one in a position comparable to an employer under Regulation 3) is stricter. If, in any particular case arising hereafter, it is shown that what occurred was due to unusual and unforeseeable circumstances, beyond the employer’s control; or if it is shown that what occurred was due to exceptional events the consequences of which could not have been avoided despite the exercise of all due care: then that will mean the employer will have no liability. That, it can be accepted, may be in some situations onerous for an employer. But the Regulations are evidently designed to be stringent; and the test laid down is in general terms workable.’
Judges:
Longmore, McFarlane, Davis LJJ
Citations:
[2013] EWCA Civ 545, [2013] WLR(D) 195, [2014] 1 All ER 405, [2013] LLR 697, [2014] ICR 326, [2013] PIQR P22
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998
Jurisdiction:
England and Wales
Personal Injury, Health and Safety
Updated: 10 September 2022; Ref: scu.510008
