Burgess v Plymouth City Council [2005] EWCA Civ 1659 (30 December 2005)

Burgess v Plymouth City Council [2005] EWCA Civ 1659 (30 December 2005)

The Council breached its statutory duty by failing to ensure the lunch box container was safely stowed, as required by Regulation 12(3), and it was reasonably practicable to do so. Mrs Burgess was contributorily negligent for failing to notice an obvious hazard, justifying a 50% reduction in damages.

Citation
[2005] EWCA Civ 1659
Parties
Claimant/respondent: Rita Burgess; Defendant/appellant: Plymouth City Council
Jurisdiction
England and Wales
Judgment Date
30 December 2005
Procedural Posture
Personal Injury Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Employer's Liability, Workplace Safety, Contributory Negligence, Statutory Duty
Tort Law Employment Law Health and Safety Employer's Liability Workplace Safety Contributory Negligence Statutory Duty

Case Brief

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Parties

Rita Burgess

Claimant/respondent

Plymouth City Council

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Council breached its statutory duty under Regulation 12(3) of the Workplace (Health Safety and Welfare) Regulations 1992
  2. 2 Whether Mrs Burgess was contributorily negligent and to what extent

Ratio Decidendi

The Council breached its statutory duty by failing to ensure the lunch box container was safely stowed, as required by Regulation 12(3), and it was reasonably practicable to do so. Mrs Burgess was contributorily negligent for failing to notice an obvious hazard, justifying a 50% reduction in damages.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the Respondent's costs
  • Cost of the appeal summarily assessed at £8,800 inclusive of VAT