Adsett v K&L Practicable

Safe place of Work

Reasonably practicable

S F A R P

Employer not liable for latent defect Employers' Liability (Defective Equipment) Act 1969

Extra care of vulnerable workers

Breach of statutory duty

Vicarious Liability

Donoghue V Stevenson

Employers Common Law Duty of Care Duties owed personally by the employer and were non- delegable. Duties could be delegated but the responsibility for their correct discharge could not.

Occupiers Liability includes Trespass

Voluntary acceptance of risk not proven

Sir William Arrol & Co Ltd Breach of Stat Duty must cause injury

Safe place of work

L

Safety of Third Parties (Provision of Information) 2(2)(a), 2(2)(c) & 3(1)

“Safety of Third Parties (Provision of Safe System of Work)”

“Nuisance – Strict Liability”

Nuisance

“Personal Liability of Executives” HASAW 37(1)

& 1/5’s

Duties owed to others  Reasonable foreseeability;  Proximity; and  Is it fair and reasonable to impose a duty?

? Knowledge of Risk – Noise (1963)

Failure of Violenti Non Fit Injuria defence

Manufacturing Stat Duty Safe Place of Work

Violenti non fit injuria – claim failed, accepted others negligence

Vicarious liability, Employer Indemnified by Employees Father & Son

Employee duty of care (experienced)

Vicarious liability – could not foresee wilful misbehaviour

No SSOW

OLL No SSOW

Corporate Manslaughter No PPE or SSOW

Controlling mind of Company

S F A R P defence

Failure to provide suitable work equipment &

Alleged negligence in way work method organised Found liable, no site visits

Failure to provide Safe place of Work Liable even though delegated performance of duty to contractors

WHSWR 92 Woman injured was not employee Only applies to group of people intended to protect