Slater v Thompson [2003] NSWCA 220

Slater v Thompson [2003] NSWCA 220

The respondents, as employers, owed a duty of care to instruct the appellant not to descend the machine steps in a dangerous manner once it was or should have been evident to them that she was doing so; their failure to do so constituted negligence. Given the appellant's age, lack of experience, and absence of instruction, no contributory negligence attached to her conduct.

Parties
Appellant: Melissa Slater; First Respondent: Janice A Thompson; Second Respondent: Douglas Thompson; Third Respondent: QBE Insurance (Aust) Ltd
Jurisdiction
Australia
Judgment Date
04 August 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Employer's Duty of Care, Negligence, Occupational Health and Safety, Contributory Negligence
Torts Employment Law Employer's Duty of Care Negligence Occupational Health and Safety Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Melissa Slater

Appellant

Janice A Thompson

First Respondent

Douglas Thompson

Second Respondent

QBE Insurance (Aust) Ltd

Third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondents (employers) were negligent in failing to instruct the appellant (employee) on a safe method to descend machine steps
  2. 2 Whether the appellant's mode of descent amounted to contributory negligence

Ratio Decidendi

The respondents, as employers, owed a duty of care to instruct the appellant not to descend the machine steps in a dangerous manner once it was or should have been evident to them that she was doing so; their failure to do so constituted negligence. Given the appellant's age, lack of experience, and absence of instruction, no contributory negligence attached to her conduct.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside the verdict and judgment for the defendant. In lieu thereof, verdict and judgment on liability entered for the plaintiff.