The claimant sought damages for personal injuries after injuring her back at work as a caretaker. She alleged a failure to provide a safe system of work. She was asked to move folding tables weighing up to 30lbs. They were to be stored vertically. She hurt her back lifting one from the vertical to a horizontal axis. No training had been given in how the tables were to be moved.
Held: A breach of the duty to make an assessment does not in itself gives rise to liability in damages. The steps proposed to reduce the risk were not practicable in the circumstances, and the claim failed.
Judges:
Lady Smith
Citations:
[2002] ScotCS 13
Links:
Statutes:
Manual Handling Operations Regulations 1992 (1992 No 2793)
Jurisdiction:
Scotland
Personal Injury, Health and Safety
Updated: 05 June 2022; Ref: scu.167453
