nebosh cert case law

7/30/2019 Nebosh Cert Case Law

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NEBOSH Certificate

Case Law

By

John Johnston AIIRSMwww.healthandsafetytips.co.uk

References: www.safetyphoto.co.uk


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Introduction

This presentation highlights the caselaw that NEBOSH certificate studentsshould be aware of.

The cases are central to understandingcertain legal principles and by beingaware of the facts of these cases, youwill be able to apply them in your

examinations to give full and informedanswers. The slides also have notes added with

further information on the cases.


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Donoghue v. Stevenson (1932)

Duty of Care Neighbour Principle

Negligence. Whether duty owed to person injured.

Duty of manufacturer of article toultimate consumer. Bottle of ginger beer bought from

retailer. Bottle containing dead snail. Purchaser poisoned by drinking

contents. Liability of manufacturer to consumer.


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Edwards v National Coal Board (1949)Reasonably Practicablethe Quantum of Risk

The balance of cost, time and trouble.

Mr Edwards was killed when an unsupportedsection of a travelling road in a mine gave way.

Only about half the whole length of the roadwas shored up. The company argued that thecost of shoring up all roads in every mine wasprohibitive when compared to the risk.

so far as is reasonably practicable meansthat the degree of risk needs to be balancedagainst the time, trouble and cost involved intaking the necessary measures to avoid therisk.


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Wilsons & Clyde Coal Co. Ltd v English(1938)

Employers Common Law Duty of Care (Employers Liability)

The employers were held liable for injuries to aminer as a result of an unsafe system ofworking.

The House of Lords held that the employerowes a duty of care to his employee:

Safe place of work.

Safe equipment.

Safe system of work. Provision of competent staff and effective

supervision.


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Wilsons & Clyde Coal Co. Ltd v English(1938)

Employers Common Law Duty of Care (Employers Liability)

These duties were owed personallyby the employer to each employee

and were non-delegable The performanceof the duties

could be delegated, but the

responsibilityfor them could not.


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Marshall v Gotham Co Ltd [1954]

So far as is practicable The employer was not liable for a breach of

statutory duty because Marshalls death hadnot been caused by any failure by them to take

reasonable steps to secure the roof. Comparison of practicable and reasonably

practicable precautions.

Generally interpreted to mean that whatever istechnically possible in the light of currentknowledge must be carried out.

The cost, time and trouble are NOT to be takeninto account when arriving at a decision.


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Mersey Docks & Harbour Board v. Coggins &Griffiths (Liverpool) Ltd. [1947]

Vicarious Liability

Master/servant relationshippersons who must be protected.

The test:

Who had the authority to direct ordelegate to the workman the

manner in which the vehicle wasdriven?


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With thanks to Safetyphoto

www.safetyphoto.co.uk

Dont forget to read the

notes in this

presentation for

additional informationon each case.

nebosh cert case law

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