EMPLOYERS LIABILITY Flashcards
(9 cards)
1
Q
4 ELEMENTS OF EMPLOYERS LIABILITY
A
1) Competent staff
2) Safe place to work
3) proper plant + equipment
4) safe system of work
- 1, 4 & 4 decided in Wilson’s v Clyde Coal v English in
2
Q
COMPETENT STAFF
A
- E obligated to select competent EEs and give them proper instruction/ training
- practical jokers Smith v Crossley bros
- Knows of forsees psychiatric/ physical harm due to acts by EEs and nothing to prevent could be in breach: Waters v MPC
- Ill treatment: Wetherall v Lynn
3
Q
SAFE PLACE
A
- reasonable steps to ensure premises are safe
- to third party as well Cook v Square D
- reg 5 of the workplace (health, safety and welfare) regs 1992
4
Q
ADEQUATE EQUIPMENT
A
- Smith v Baker: E take reasonable care to provide proper appliances and maintain in proper condition
- s1(1) of Es liability (defective equipment) act 1969
- Davie v new Merton board mills (wrong decision)
- not liable if worker fails to use equipment properly or acted foolishly by choosing wrong tool if given correct instruction: leach v British oxygen co
5
Q
SAFE SYSTEM
A
- E must devise suitable system, instruct EEs what to do and encourage use of safety devices
- must take Into account EEs can be careless
- extends to EEs mental health: petch v customs and excise commissioners
- instruction: general cleaning contractors v Christmas
- not operated McDermid v Nash dredging and reclamation co ltd.
6
Q
DEFENCES
A
- Volenti Non Fit Injuria
- Contributory Negligence
7
Q
VOLENTI NON FIT INJURIA
A
- C acted voluntarily in sense they could exercise free will
- wooldridge v sumner
8
Q
CONTRIBUTORY NEGLIGENCE
A
- damage C has suffered was partly their fault and Ds fault
- D must prove C failed to take reasonable care for their own safety and this failure caused their damage
9
Q
REMEDIES
A
- Damages
- loss of earnings
- loss of amenity
- pain and suffering
- loss of earning capacity
- other pecuniary losses
