Merseyside Fire and Civil Defence Authority v Bassie

Merseyside Fire and Civil Defence Authority v Bassie

The defendant was liable because the presence of fine dust on the floor was a substance that may cause slipping, it was reasonably practicable to remove it by damp mopping, and the defendant failed to do so, breaching Regulation 12(3).

Parties
Defendant/appellant: Merseyside Fire and Civil Defence Authority; Claimant/respondent: Gavin Fraser Bassie
Jurisdiction
England and Wales
Judgment Date
01 November 2005
Procedural Posture
Civil Appeal / Appeal From Judgment of Liverpool County Court
Outcome
Appeal dismissed with costs
Legal Topics
Employer's Liability, Workplace Safety, Breach of Statutory Duty, Causation, Damages
Employment Law Occupational Health and Safety Tort Law Employer's Liability Workplace Safety Breach of Statutory Duty Causation Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Merseyside Fire and Civil Defence Authority

Defendant/appellant

Gavin Fraser Bassie

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Liverpool County Court

Legal Issues

  1. 1 Whether the defendant was liable for breach of statutory duty under the Workplace (Health, Safety & Welfare) Regulations 1992
  2. 2 Whether the presence of fine dust constituted a substance causing a slip hazard
  3. 3 Whether it was reasonably practicable for the defendant to keep the floor free from dust

Ratio Decidendi

The defendant was liable because the presence of fine dust on the floor was a substance that may cause slipping, it was reasonably practicable to remove it by damp mopping, and the defendant failed to do so, breaching Regulation 12(3).

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Defendant to pay costs