Presentation is loading. Please wait.

Presentation is loading. Please wait.

Adsett v K&L Practicable Safe place of Work Reasonably practicable.

Similar presentations


Presentation on theme: "Adsett v K&L Practicable Safe place of Work Reasonably practicable."— Presentation transcript:

1

2 Adsett v K&L Practicable

3 Safe place of Work

4 Reasonably practicable

5 S F A R P

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

7

8 Extra care of vulnerable workers

9 Breach of statutory duty

10 Vicarious Liability

11 Donoghue V Stevenson

12 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.

13 Occupiers Liability includes Trespass

14 Voluntary acceptance of risk not proven

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

16 Safe place of work

17 L

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

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

20 “Nuisance – Strict Liability”

21 Nuisance

22 “Personal Liability of Executives” HASAW 37(1)

23 & 1/5’s

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

25

26

27 ? Knowledge of Risk – Noise (1963)

28 Failure of Violenti Non Fit Injuria defence

29

30 Manufacturing Stat Duty Safe Place of Work

31 Violenti non fit injuria – claim failed, accepted others negligence

32 Vicarious liability, Employer Indemnified by Employees Father & Son

33 Employee duty of care (experienced)

34 Vicarious liability – could not foresee wilful misbehaviour

35 No SSOW

36 OLL No SSOW

37 Corporate Manslaughter No PPE or SSOW

38 Controlling mind of Company

39 S F A R P defence

40 Failure to provide suitable work equipment &

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

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

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


Download ppt "Adsett v K&L Practicable Safe place of Work Reasonably practicable."

Similar presentations


Ads by Google