Hindle v Birtwhistle: 1897

A machine or part is dangerous ‘if in the ordinary course of human affairs danger may reasonably be anticipated from the use of them without protection’.Wills J said: ‘In considering whether machinery is dangerous, the contingency of carelessness on the part of the workman in charge of it, and the frequency with which that contingency is likely to arise, are matters that must be taken into consideration.’ The question is entirely a question of degree.

Judges:

Wills J

Citations:

[1897] 1 QB 192, (1897) 61 JP 70

Health and Safety

Updated: 06 May 2022; Ref: scu.471325