The employee had noticed a slight leak through sand paste, which he had himself introduced to seal a gap, but had carried on working, with the result that an eruption of molten metal through the seal fell onto his foot.
Held: The claim failed because the danger ‘did not arise from any static condition of the place of work, but arose from the operation upon which the plaintiff was engaged.’
Russell LJ
[1995] PIQR P318
England and Wales
Cited by:
Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.440376