Blair v The Chief Constable of Sussex Police

Blair v The Chief Constable of Sussex Police

The Alt-berg boots supplied were not effective to prevent or adequately control the risk of significant injury. The employer did not prove that it was impracticable to provide stronger boots. Therefore, the employer was in breach of the 1992 Regulations and is liable for the injury.

Parties
Appellant/claimant: Robert Blair; Respondent/defendant: The Chief Constable of Sussex Police
Jurisdiction
England and Wales
Judgment Date
15 May 2012
Procedural Posture
Civil Appeal / Appeal From Brighton County Court
Outcome
Appeal allowed; judgment entered for the claimant.
Legal Topics
Personal Protective Equipment, Employer's Liability, Workplace Safety
Employment Law Health and Safety Law Personal Protective Equipment Employer's Liability Workplace Safety

Case Brief

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Parties

Robert Blair

Appellant/claimant

The Chief Constable of Sussex Police

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Brighton County Court

Legal Issues

  1. 1 Whether the employer provided suitable personal protective equipment as required by the Personal Protective Equipment at Work Regulations 1992
  2. 2 Whether the boots provided were effective to prevent or adequately control the risk of significant injury
  3. 3 Whether causation was established between the lack of suitable equipment and the injury

Ratio Decidendi

The Alt-berg boots supplied were not effective to prevent or adequately control the risk of significant injury. The employer did not prove that it was impracticable to provide stronger boots. Therefore, the employer was in breach of the 1992 Regulations and is liable for the injury.

Court Disposition

Appeal allowed; judgment entered for the claimant.

Orders

  • Judgment for the claimant for the agreed sum of damages.