The claimant was employed as a care worker to collect patients to take them to a day centre. She was injured when a wheelchair ramp in a patient’s home collapsed.
Held: The council were not responsible under the Regulations. They did not own or control the ramp. The ramp was not work equipment used by the appellant at work for the purposes of the Regulations. The ramp had been installed by people other than the council’s own employees, the council had no ability to maintain it and in ordinary parlance it was part of the client’s premises.
Judges:
Lord Justice Waller, Lord Justice Richards and Lord Justice Rimer
Citations:
[2008] EWCA Civ 181, Times 24-Mar-2008, [2008] ICR 826, [2008] 3 All ER 1054
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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, Health and Safety
Updated: 26 November 2022; Ref: scu.266131