Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003

A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations.
Held: Groves v Wimborne clearly established that parliament was to be taken to have intended to proivide a remedy in damages for breach of the regulations. The section intended bring working conditions on board a ship into line with conditions prevailing on land. Todd could properly be distinguished, and an action for damages would lie.


Aldous, Mummery, Rix LJJ


[2003] EWCA Civ 636, Times 15-May-2003




Merchant Shipping (Life Saving Appliances) Regulations 1980 (1980 No 538) 43(10)


England and Wales


DistinguishedTodd and Others v Adams and Another CA 18-Apr-2002
The boat owners had failed to comply with the 1975 safety rules, and seamen died. The boat owners relied upon the restriction on damages in the 1995 Act, and the seamen’s families argued that the failure to apply the safety rules removed that . .
AppliedGroves v Lord Wimborne CA 1898
The court heard a case dealing with a claim for breach of a duty to fence dangerous machinery under the Act.
Held: Legislation protecting safety in the workplace gives rise to an action by a person for whom the protection was intended for . .
CitedButler (or Black) v Fife Coal Co, Ltd HL 19-Dec-1911
The court considered whether a civil remedy existed for breach of statutory duty. Lord Kinnear said: ‘If the duty be established, I do not think there is any serious question as to civil liability. There is no reasonable ground for maintaining that . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Lists of cited by and citing cases may be incomplete.

Health and Safety

Updated: 07 June 2022; Ref: scu.181942