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Health and Safety At Work

Health and safety at work examples and legal advice for claiming injuries due to negligence of health and safety in the workplace in the UK.

Burgess v Plymouth CC, CA (Civ Div) 30/11/2005

Where a school had in place a system to ensure that containers were stored away safely at the end of the day, but that system had not been followed with the result that a cleaner had fallen over a container suffering personal injury, the school was held liable under Reg.12(3) of the Workplace (Heal......

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd. [2006] EWCA Civ 1496 (10 November 2006)

In the circumstances a contractor's right to supervise the work of a sub-contractor so as to ensure that it was carried out safely imposed a duty of care on the contractor which extended to the safety of the sub-contractor's employees. ......

ERIC WALLACE, as Curator ad Litem to RONALD PATE v (FIRST) STEWART HOMES (SCOTLAND) LIMITED, and (SECOND) GERALD O'CONNOR [2013] CSOH 30

The pursuer, as curator ad litem for Ronald Pate, sought damages on behalf of Mr Pate who suffered injuries when he fell from a roof which he had been tiling in the course of his employment. Quantum had been agreed and the case proceeded on the question of liability and contributory negligence. Mr ......

Hiles v South Gloucestershire NHS Primary Care Trust, High Ct, 20/12/2006

Stress at Work. An employer was in breach of its duty to its employee to take reasonable care to avoid injuring her health where it had become aware that her difficulties at work were having an adverse effect on her mental health, but had taken no steps to help her. ......

Linda Mary Gillie v Scottish Borders Council,[2013] CSOH 76, 17/5/2013

Proof: Regulation 12(3) Workplace (Health, Safety and Welfare) Regulations 1992: injury when pursuer slipped on stairs due to slippery substance. The pursuer brought an action for damages for injuries sustained when she slipped on stairs during her employment as a janiter at a school. The incident ......

Marie Ann Wallace v Glasgow City Council, [2011] CSIH 57

Inner House case concerning a clerical assistant at Kirkriggs School in Glasgow who injured herself when she fell from a toilet bowl whilst trying to open a window. An extra division of the Inner House allowed a reclaiming motion and Ms Wallace was granted damages of £31,800 reduc......

Marie Ann Wallace v. Glasgow City Council [2010] CSOH 88

In June 2007, the pursuer was employed by the defenders as a clerical assistant for a school in Glasgow. She required to use the toilet facilities, and as a courtesy to the next user, attempted to open the window after doing so. The window was around seven feet above the ground, and no pole was in ......

Pennington v Surrey County Council & Surrey Fire and Rescue Service [20061 EWCA Civ 1493 (09 November 2006)

A system of work that permitted a fire fighter to use a particular type of rescue equipment in a stressful situation when he had not been previously trained or experienced in its use was not a safe system of work. Accordingly the employer was negligent in failing to provide adequate training and wa......

R v H, CA (Crim Div) 22/5/2006

Health and Safety at Work etc. Act 1974. A defendant to a charge under the Health and Safety at Work etc. Act 1974 s.2, s.3 or s.4, in asking the jury to consider whether it had established that it had done all that was reasonably practicable, could not be prevented from adducing evidence in sup......

Robb v. Salamis (M & I) Ltd (Scotland) [2006] UKHL 56 (13 December 2006)

An employer was in breach of the Provision and Use of Work Equipment Regulations 1998 reg.4 and reg.20 by providing removable suspended ladders for employees to access the top bunks in their sleeping accommodation because the risk of injury, if the ladders were not replaced properly, should have be......

Ronald Hill v Norside Limited, [2013] CSIH 44, 29/5/13

Reclaiming motion: Contributory negligence. The pursuer was awarded decree in his favour subject to a finding of 20% contributory negligence on his part at proof. The defenders reclaimed and argued that the finding of contributory negligence should have been higher. The pursuer was working as a sub......

Sutradhar v. Natural Environment Research Council [2006] UKHL 33 (5 July 2006)

A Bangladeshi suffering from arsenical poisoning had no reasonable prospect of success in an action against the Natural Environment Research Council for negligence arising from a geological report that, according to him, had induced the health authorities in Bangladesh not to take steps that would ......

Tracey Kennedy v Cordia (Services) LLP, 1 August 2013, [2013] CSOH 130

Proof: Liability: Slipping on ice and snow covered surface in the course of employment, resulting in injury. The pursuer was employed by the Defenders as a home carer. She required to make a home visit to a patient on an evening in December 2010. The conditions in the area had, for some time been i......

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