Green v Yorkshire Traction Company Ltd [2001] EWCA Civ 1925 (5 December 2001)

Green v Yorkshire Traction Company Ltd [2001] EWCA Civ 1925 (5 December 2001)

A bus step rendered wet by ordinary passenger use in rainy weather does not constitute a failure to maintain work equipment in an efficient state under regulation 6(1); the regulation does not impose an absolute duty on employers to guarantee safety in all circumstances.

Citation
[2001] EWCA Civ 1925
Parties
Claimant/respondent: Stephen Paul Green; Defendant/appellant: Yorkshire Traction Company Limited
Jurisdiction
England and Wales
Judgment Date
05 December 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability
Outcome
Appeal allowed
Legal Topics
Employer's Liability, Work Equipment Maintenance, Interpretation of Statutory Duties, Implementation of EU Directives
Employment Law Health and Safety Law Employer's Liability Work Equipment Maintenance Interpretation of Statutory Duties Implementation of EU Directives

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Parties

Stephen Paul Green

Claimant/respondent

Yorkshire Traction Company Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability

Legal Issues

  1. 1 Whether the presence of rainwater on a bus step constituted a failure to maintain work equipment in an efficient state under regulation 6(1) of the Provision and Use of Work Equipment Regulations 1992
  2. 2 Whether regulation 6(1) imposes an absolute duty on employers in line with the Framework Directive (EC 89/391)

Ratio Decidendi

A bus step rendered wet by ordinary passenger use in rainy weather does not constitute a failure to maintain work equipment in an efficient state under regulation 6(1); the regulation does not impose an absolute duty on employers to guarantee safety in all circumstances.

Court Disposition

Appeal allowed

Orders

  • Claimant to pay defendant's costs in the Court of Appeal and below assessed at £9,322
  • Permission to appeal to the House of Lords refused