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Employer's Liability

Accidents at work case studies and legal advice for claiming compensation due to employer's negligence in the UK.

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Barker v Corus (UK) Plc, HL (Lord Hoffman, Lord Scott of Foscoite, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond) 3/5/2006; Times, May 4, 2006

Several liability of employers for negligent exposure to asbestos. Where employers were liable on the basis that they had negligently exposed an employee to asbestos and thereby created a material risk of mesothelioma which had eventuated, it would be fair that they should be severally liable only......

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2006] EWHC 840 (QB) (12 April 2006)

Failure to establish causation. A football club failed to show that the injury sustained by one of its players in training had solely and independently of any other cause occasioned the player's permanent total disablement. ......

Daniels v Commissioner of Police of the Metropolis, High Ct, 5/7/2006

In cases of harassment under the Protection from Harassment Act 1997 the claimant had to prove a course of conduct by either an individual employee or a group of employees in order to establish the primary liability for which the employer would be vicariously liable. ......

Daw v Intel Corporation (UK) Ltd. [2006] EWCA Civ 1188 (24 July 2006)

An employer was negligent in failing to take steps to obviate the risk of an employee, who complained of being overworked and stressed and who had a history of depression, from suffering from a nervous breakdown. ......

Dorothy Elizabeth Munro v. Aberdeen City Council [2009] CSOH 129

Proof:- In this action the pursuer sought damages from the defenders, her employers, after she slipped on ice in a car par in Aberdeen on 1 March 2004 during the course of her employment. Here at proof all the evidence was agreed by way of a joint minute of admissions, including inter alia that t......

Elizabeth McLachlan v. Early Learning Centre [2011] CSOH 25

On 20 October 2007, the pursuer sustained injury in an accident at work while employed by the defenders as a senior sales assistant at their retail premises at Parkhead Forge, Glasgow. The pursuer fell from a ladder while attempting to retrieve a box from a high shelf in the stockroom of the premis......

Ghaith v Indesit Co UK Ltd [2012] EWCA Civ 642 - 17/05/12

On 17.05.12, the Court of Appeal gave judgment allowing the Claimant's appeal in Ghaith v Indesit Co UK Ltd, [2012] EWCA Civ 642, [2012] All ER (D) 205 (May). The case centred on Regulation 4 of the Manual Handling Regulations 1992, the Claimant having suffered a back injury when clearing out his e......

Hawley v Luminar Leisure Ltd & Ors [2006] EWCA Civ 18 (24 January 2006)

Nightclub owner vicariously liable for acts of employee doorman. A nightclub was vicariously liable for the acts of a doorman supplied to it under an agreement for the provision of security services since the club had control not only over what the doorman did but how he was to do it. An assault ......

James Johnstone v. Amec Construction Limited [2010] CSIH 57

The pursuer and appellant injured his leg, when he tripped over part of a metal barrier fence during the course of his duties as a security guard, at a school construction site in East Kilbride in July 2006. Quantum had been agreed between the parties at £4,000, however the Sheriff at first in......

James MacDonald v. Wood Group Engineering (North Sea) Limited [2010] CSOH 165

In this action, the pursuer sought damages for injuries which he sustained in the course of his employment with the defenders while working aboard the Brent Bravo Oil Production Platform in the Scottish sector of the North Sea. At the time of the incident the pursuer (an experience deck crew rigger......

Majrowski v Guy?s & St. Thomas? NHS Trust, HL ( Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood) 12/7/2006; Times, July 17, 2006; Independent, July 14, 2006

An employer could be vicariously liable in damages under the Protection from Harassment Act 1997 s.3 for a course of conduct by one of its employees that amounted to harassment in breach of s.1 of that Act. ......

Merseyside Fire and Civil Defence Authority v Bassie [2005] EWCA Civ 1474 (01 November 2005)

Workplace (Health, Safety & Welfare) Regulations 1992: On the evidence the judge was entitled to conclude that the appellant's injury had been caused by slipping on dust and that there had been a breach of regs. 5 and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. ......

PRP Architects v Reid [2006] EWCA Civ 1119 (28 July 2006)

An employee leaving work at the end of the day and using a lift located in the common part of a shared office building where she worked had been using it "at work" within the meaning of the Provision and Use of Work Equipment Regulations 1998 reg.3 so that her employers were liable in damages for p......

Sayers v Cambridgeshire County Council [2006] EWHC 2029 (QB) (31 July 2006)

On the evidence, the psychiatric injury suffered by an employee had not been reasonably foreseeable to the local authority employer and there had been no justification for imposing a cause of action for breach of statutory duty in respect of the Working Time Regulations 1998 reg.4. ......

Shine v Tower Hamlets [2006] EWCA Civ 852 (09 June 2006)

The Highways Act 1980 s.66 did not impose any liability on a highway authority for personal injuries caused by defective barriers, including bollards, on a public highway. Liability for personal injuries caused by such defective barriers arose in negligence. ......

Smith v S Notaro Ltd & Anr, CA (Civ Div) 5/5/2006

Manual Handling Operations Regulations 1992 reg.4. Whilst the judge had been right to hold that an employer had breached the Manual Handling Operations Regulations 1992 reg.4 as it had not given an employee training on how to carry heavy loads over uneven surfaces, the apportionment of damages had......

William Campbell v. Peter Gordon Joiners Limited and others, [2013] CSOH 181, 26 November 2013

This is an Outer House case in which William Campbell sued his employer (Peter Gordon Joiners Limited), the sole director of his employer (Peter Gordon) and the liquidator of his employer after suffering injury in an accident involving a circular saw whilst at work. The employers' liability insuran......

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