Employer Liabilty

Question 1

Primary Negligence

Answer 1

D2 is personally negligent as the employer, and not through vicarious liability. Could be due to a failure to vet staff properly, train them correctly, supervise risky work and more.

Question 2

Non-Delegable Duty likely arises when

Answer 2

Woodland v Essex - These are duties of care that cannot be passed and thus the employer is liable even for the negligence of contractors.

1. The claimant is especially vulnerable or dependent
2. There is pre-existing relationship between the claimant and defendant
3. The claimant has no control over how the duty is carried out
4. The task delegated is a central part of the defendant’s duty
5. The contractor was negligent in doing the exact task the defendant had a duty to perform.

Question 3

Notable Non-Delegable Duty of Care

Answer 3

Hughes v Rattan - Practice owner can still be liable even when self-employed professionals are the ones actually treating the patients.

Armes v Nottinghamshire - Council not liable for child abused in foster care as they only had duty to find child a home. Council was instead held vicariously liable.

Question 4

Employer Liability

Answer 4

This is liability for when an employee sues their employer for injury at work (NOT FOR STRESS OR MENTAL HEALTH CLAIMS). There are three ways the employee can sue
1. Direct or primary liability of the employer.
2. Vicarious Liability

Question 5

Employer Liability Duty of Care Characteristics

Answer 5

Employer had a personal duty to keep employees reasonably safe as per Wilsons & Clyde v English.

1. Employer/Employee relationship is met.
2. Prove employer didn’t take duty of care
3. This is a non-delegable duty of care
4. The duty requires positive acts such as safety training.

Question 6

Wilsons & Clyde v English - What are the duties the employer owes?

Answer 6

1. Duty to provide safe workplace, training and advice.
2. Duty to provide safe tools and equipment and how to use.
3. Duty to provide a safe system of work i.e how to carry out tasks and who to report to.
4. Duty to provide employees with competent colleagues

Question 7

Independent Contractors

Answer 7

Davie v New Merton - Duty to provide safe equipment is discharged to supplier who negligently supplied faulty equipment.

McDermid v Nash Dredging - Employer still owes non-delegable duty to employee even if they work on a third party’s boat

Question 8

Employer Liability - Breach of Duty

Answer 8

Paris v Stepney Borough - Duty to take extra precautions for vulnerable workers

Watt v Hertfordshire - Standard reduced in emergencies

Kennedy - Risk assessment needs to be carried out

Chell - Employee actions beyond what the employer has permitted are not employer’s duty