MICEVSKI v OTIS ELEVATOR CO PTY LIMITED [1988] NSWCA 94

MICEVSKI v OTIS ELEVATOR CO PTY LIMITED [1988] NSWCA 94

The employer was negligent as it failed to secure timber which posed a foreseeable risk, and was vicariously liable for the negligent placement of timber by its employee. There was no contributory negligence, as the risks were inherent in the system and not adequately guarded against by simple, inexpensive measures which were practicable.

Parties
Appellant: Micevski; Respondent: Otis Elevator Co Pty Limited
Jurisdiction
Australia
Judgment Date
11 May 1988
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Employer's Liability, Foreseeable Risk of Injury, Contributory Negligence, Vicarious Liability, Practicable Precautions, Statutory Duties
Negligence Employment Law Employer's Liability Foreseeable Risk of Injury Contributory Negligence Vicarious Liability Practicable Precautions Statutory Duties

Case Brief

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Parties

Micevski

Appellant

Otis Elevator Co Pty Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employer was negligent in failing to secure objects near the path of the crane mechanism.
  2. 2 Whether the employer was vicariously liable for the casual negligence of a fellow employee.
  3. 3 Whether the appellant was contributorily negligent.

Ratio Decidendi

The employer was negligent as it failed to secure timber which posed a foreseeable risk, and was vicariously liable for the negligent placement of timber by its employee. There was no contributory negligence, as the risks were inherent in the system and not adequately guarded against by simple, inexpensive measures which were practicable.

Court Disposition

appeal allowed

Orders

  • Judgment entered for appellant (plaintiff).
  • Judgment for respondent (defendant) set aside.