Merseyside Fire and Civil Defence Authority v Bassie [2005] EWCA Civ 1474 (01 November 2005)

Merseyside Fire and Civil Defence Authority v Bassie [2005] EWCA Civ 1474 (01 November 2005)

The defendant breached Regulation 12(3) by failing to keep the floor free from dust, which was a substance that may cause slipping, and it was reasonably practicable to remove it by mopping. The judge was entitled to find causation based on the evidence that the dust caused the claimant to slip.

Citation
[2005] EWCA Civ 1474
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 Liverpool County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Workplace Safety, Employer's Liability, Breach of Statutory Duty, Causation, Reasonable Practicability
Personal Injury Employment Law Health and Safety Workplace Safety Employer's Liability Breach of Statutory Duty Causation Reasonable Practicability

Case Brief

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Parties

Merseyside Fire and Civil Defence Authority

Defendant/appellant

Gavin Fraser Bassie

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court Judgment

Legal Issues

  1. 1 Whether the defendant breached statutory duty under the Workplace (Health, Safety & Welfare) Regulations 1992
  2. 2 Whether the defendant was liable at common law for the claimant's injury
  3. 3 Whether causation was established between the dust and the claimant's slip

Ratio Decidendi

The defendant breached Regulation 12(3) by failing to keep the floor free from dust, which was a substance that may cause slipping, and it was reasonably practicable to remove it by mopping. The judge was entitled to find causation based on the evidence that the dust caused the claimant to slip.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs