The Regulations imposed an absolute obligation from the words ‘all staging . . shall be maintained.’ Lord Atkin said: ‘It is precisely in the absolute obligation imposed by statute to perform or forbear from performing a specified activity that a breach of statutory duty differs from the obligation imposed by common law, which is to take reasonable care to avoid injuring another.’
Judges:
Lord Atkin
Citations:
[1940] AC 242
Statutes:
Shipbuilding Regulations 1931 31
Jurisdiction:
England and Wales
Cited by:
Cited – Smith v Northamptonshire County Council HL 20-May-2009
The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury. She sought damages from her employer.
Held: Her appeal failed (Lord Hope and Lady Hale dissenting). The . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 18 May 2022; Ref: scu.346525
