A component in a postman’s bicycle gave way even though the machine had been sensibly maintained and checked. He sought damages for his injuries.
Held: The duty imposed by the regulations was absolute, and an employee postal worker who was injured when a brake on his bicycle broke, was entitled to damages.
There is no rule to prevent a member state imposing duties over and above those required under European law. The bicycle was not ‘in an efficient working order and in good repair’.
References: Times 29-Mar-2000, Gazette 06-Apr-2000, [2000] EWCA Civ 64, [2000] PIQR 105, [2000] ICR 1013
Links: Bailii
Judges: Waller LJ
Statutes: Provision and Use of Work Equipment Regulations 1992 (1992 No 2932), European Directive 89/655
Jurisdiction: England and Wales
This case cites:
- Applied – Millar v Galashiels Gas Co Ltd; Galashiels Gas Company Ltd v O’Donnell HL 20-Jan-1949 ([1949] AC 275, [1949] SC (HL) 31, , [1949] UKHL 2, 47 LGR 213, 1949 SLT 223, 65 TLR 76, [1949] LJR 540, [1949] AC 275, [1949] 1 All ER 319)
A hoist mechanism failed, the employee was injured, and he sought damages from his employer under the Act.
Held: The section imposes an absolute obligation to maintain work equipment in an efficient state or in efficient working order. The . .
This case is cited by:
- Cited – Hislop v Lynx Express Parcels IHCS 3-Apr-2003 (Times 17-Apr-03, , [2003] ScotCS 98)
The claimant was injured when, after stopping the vehicle he was driving for his employers, he was scalded when the radiator cap flew off. He appealed against the dismissal of his claim on the basis that he had been unable to show any fault. - Cited – Lewis v Avidan Ltd (T/A High Meadow Nursing Home) CA 13-Apr-2005 (, [2005] EWCA Civ 670)
A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable.
Held: The nurse’s appeal failed. The mere fact of . . - Cited – Smith v Northamptonshire County Council HL 20-May-2009 (, [2009] UKHL 27, Times 21-May-09, [2009] 4 All ER 557, [2009] 1 WLR 2353, [2009] All ER (D) 170)
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 . . - Cited – Munro v Aberdeen City Council SCS 17-Sep-2009 (, [2009] ScotCS CSOH – 129)
The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.147097 br>