The claimant sought damages after she breathed noxious fumes at her place of work. It was said that she had been told that she could leave her machine to get fresh air as she wished, but the judge had found that she had not appreciated that this was intended to mean that she need not face the fumes at all.
Held: The nature of the fumes had not been established, and the cause of the illness had not been established. Accordingly the liability of the employers could not be established. The employer’s appeal was allowed.
Judges:
Lord Justice Schiemann Lord Justice Chadwick And Sir Christopher Staughton
Citations:
[2002] EWCA Civ 225
Links:
Statutes:
Control of Substances Hazardous to Health Regulations 1994
Jurisdiction:
England and Wales
Personal Injury, Health and Safety
Updated: 05 June 2022; Ref: scu.167960