Latimer v AEC Ltd [1953] AC 643: Floor of a factory became slippery with water and oil owing to a flood caused by a heavy rainfall. House of Lords An employer has a ‘duty of taking reasonable care to provide proper appliances, and to … The employer took a lot of precautions following the incident, which included putting down sawdust and putting up … A defendant does not have to totally eliminate the risk but must do as much as the reasonable person would do in the circumstances. Issue: Wilson v Tyneside Window Cleaning Co [1958] 2 All ER 265. Latimer v AEC Ltd. Risk may be worth taking if the cost of precautions was excessive. Setting a reading intention helps you organise your reading. Latimer slipped regardless and injured himself. Practicability of precautions. Oil, which normally ran in covered channels in the floor of the building, rose to the surface and when the water drained away, left an oily film on the floor. The oily floor was due to water damage from an exceptionally heavy storm. Take your favorite fandoms with you and never miss a beat. Latimer v AEC [1953] Definition. The seriousness of harm (Paris v Stepney Borough Council 1950 UKHL 3) (Latimer, 2014, p. 248) the court decided that Stepney Borough Council was conscious of his unusual conditions and failed in their duty of care to give him protecting goggles and steps to avoid the risk of harm (Latimer v AEC Ltd), the court dismissed the appeal of Latimer as he could not prove that a reasonable employer could shut the … Bolton v Stone. The ordinary risks inherent to a game and the rules of sport: Wattleworth v Goodwood Road Racing Co [2004] EWHC 140 (QB). In this case = factory flooded, V fell over, but no one else fell over or injured themselves. THE DUTY ON EMPLOYERS IS TO TAKE REASONABLE CARE (REASONABLY COMPETENT EMPLOYER). After reading this chapter you should be able to: ■Understand the usual means of measuring the standard of care ■Understand the different measure applicable to professionals, particularly doctors ■Understand the factors used in determining whether a defendant has fallen below the standard of care appropriate to the duty owed ■Critically analyse the concepts of standard of care and breach of duty of care ■Identify the appropriate standard of care in factual situations ■Apply the factors for determining breach to factu… He was working on a repair to an airway on the Mine Jigger … An employer has a ‘duty of taking reasonable care to provide proper appliances, and to … The ordinary risks inherent to a game and the rules of sport: Wattleworth v Goodwood Road Racing Co [2004] EWHC 140 (QB). The implementation of this principle is in the case of Latimer v AEC Ltd. ⇒ See, for example, Latimer v AEC Ltd. [1953] 5) The Defendant’s Financial Circumstances ⇒ The court will not usually take into account D’s financial circumstances (i.e. The fact that Ben drove, having consumed several pints, implies that he did not behave as a reasonable man. Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and freak hazard". In Latimer v AEC Ltd, the HL considered the cost of taking precautions when deciding what the reasonable person would have done. In order for a place of employment to be considered safe, it must include safe premises in a safe working environment. Latimer v AEC Ltd [1953] AC 643. The duty is personal and non-delegable, Wilsons & Clyde Co Ltd v English [1938]. The claimant was injured after slipping on an uncovered area. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The employer took a lot of precautions following the incident, which included putting down sawdust and putting up notices warning people. The factory had become flooded due to adverse weather conditions. Is the defendant's risky activity socially important? 4. Citations: [1953] AC 643; [1953] 3 WLR 259; [1953] 2 All ER 449; (1953) 117 JP 387; (1953) 97 SJ 486; [1953] CLY 2513. Wilson v Tyneside Window Cleaning Co [1958] 2 All ER 265. Date: 1953 Facts. The sawdust put down to soak up liquid did not cover the entire floor. Latimer v AEC Ltd [1953] AC 643) Nature o A single duty with four aspects Cathay Pacific Airways Ltd v Wong Sau Lai (2006) 9 HKCFAR 371 o With overlaps, one or more aspects may be pleaded Sin Kin Man v Hsin Cheong Construction Co Ltd o An affirmative duty, requiring positive action by the employer to ensure the safety of employees Ho Ying Wai v Keliston Marine (Far East) Ltd [2003] 1 HKLRD 343 … However, this will not apply if the common practice itself is negligent. In Latimer v AEC Ltd (1953) case, the factory floor was slippery due to a flood. Year Latimer v AEC Ltd 2 All ER 449, HL Following an exceptionally heavy storm, water entered a factory and covered much of the floor; when it drained away (after mixing with the coolant used for the machinery) it left a thin film of an oily liquid on the floor. The place of employment must be safe, it must include safe premises with a safe working environment. Should the factory have been closed down. Lord Tucker stressed that this is one factor of many. Facts. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × A.E.C. (reasonable precautions should be taken) Claimant had done everything they practically could to prevent flood injury. The defendant had put up warning signs, informed staff of the dangers and used all available sawdust and sand to soak up liquid. Latimer v AEC Ltd House of Lords. Act, Regulation or Reference: Occupiers Liability Act 1957. The place of employment must be safe, it must include safe premises with a safe working environment. Facts The defendant Mr Latimer, worked in a factory owned by the defendants, AEC Ltd. Setting a reading intention helps you organise your reading. Latimer v AEC [1953] AC 643 Case summary . The obligation to provide a safe place of work extends to situations in which employees are tasked to go off-site to work in places which are not controlled by their employer. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Issue Bolton v Stone [1951] AC 850. Rothwell v Chemical and Insulating Co Ltd. Latimer v AEC Ltd Issue. Brown v. Rolls Royce Ltd (1960) SC (HL) 22, at 28-29. AEC Ltd could have closed the factory while the floor was wet, but this precaution as a significant and expensive one an a … The Claimant fell on the slippery floor at work and crushed his ankle. The belt ricocheted off and hit a woman in the face. Date: 1953 Facts. While endeavouring to place a heavy barrel on … The claimant was a workman at the defendant’s factory. Try the multiple choice questions below to test your knowledge of this chapter. The Lords also discussed the proper interpretation of the Factories Act 1937. Court: Court of Appeal. Held: defendants had not been negligent to minimise any possibility of risk to their employees. The Claimant fell on the slippery floor at work and crushed his ankle. Appellant Latimer was employed by A.E.C.. On the afternoon of the day of the accident, an exceptionally heavy rainstorm had flooded the whole of A.E.C. Cook v Square D Ltd [1992] ICR 262, 268 and 271. Facts. (benefits to taking the risk) . There were warning signs for the slippery floor to make the area as safe as possible. Act, Regulation or Reference: Occupiers Liability Act 1957. The claimant slipped while working in an untreated area and was injured. IT IS NOT AN ABSOLUTE DUTY. Whether factory should be shut down until floor was made save. Following an exceptionally heavy storm, water entered a factory and covered much of the floor; when it drained away (after mixing with the coolant used for the machinery) it left a thin film of an oily liquid on the floor. The social utility of the defendant’s activity: Humphrey v Aegis Defence Services [2016] EWCA Civ 11. Respondent Multiple choice questions. The defendant's had put up warning signs mopped up and placed sawdust in … The Civil Evidence Act 1968 may be relevant here. Facts. In this case = factory flooded, V fell over, but no one else fell over or injured themselves. Watt v Hertfordshire [1954] 1 WLR 835 Case summary . Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and … Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and freak hazard". Lord Porter states that their duty is to determine what action a reasonable person would have taken in the circumstances given the circumstances that no one else slipped or even acknowledged that there was a reasonable risk of doing so. Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and … This caused an chemical contained in channels in the floor to leak out. 1 Lastly, it is apparently no social utility of the defendent’s negligent act (Watt v … Latimer V AEC (P193) a factory that as owned by ACE Ltd was flooded and the floor become slippery. However, the defendant did not do any precaution. P slipped on an oily film and injured his ankle. Latimer v AEC [1953] Definition. Where the cost of precaution is higher, the risk to others must be higher before the reasonable person would pay to take the costlier precaution. reference Latimer V AEC Ltd the workplace (factory) was flooded. Facts. A.E.C. Citations: [1953] AC 643; [1953] 3 WLR 259; [1953] 2 All ER 449; (1953) 117 JP 387; (1953) 97 SJ 486; [1953] CLY 2513. Occupiers took all reasonable steps, but workman injured. Rothwell v Chemical and Insulating Co Ltd. 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