The claimant was an ambulance worker. He had been assisting carrying a patient down stairs in a chair. He was injured when his colleague lost his grip, and he suddenly bore the full weight of the patient and chair. He alleged that under the regulations and the directive, the employer should have considered requesting the patient to be moved by the Fire Service.
Held: There was nothing to suggest that it would have been practicable to call the Fire Service. Giving greater prominence to that possibility in training would not have made a difference in this particular case. Though this case failed, another case might succeed for failure to provide appropriate equipment for the task to be undertaken.
Judges:
Dame Elizabeth Butler-Sloss, President, Lord Justice Buxton and Lady Justice Hale
Citations:
Times 25-Jul-2002, [2002] EWCA Civ 953
Links:
Statutes:
Manual Handling Directive 1990 (90/269/EEC), Manual Handling Regulations 1992 (SI 1992 No 2793)
Jurisdiction:
England and Wales
Citing:
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.
Negligence, Personal Injury, Health and Safety
Updated: 21 June 2022; Ref: scu.174303
