Cruz v Lancashire Police & Anor [2016] EWCA Civ 402 (26 April 2016)

Cruz v Lancashire Police & Anor [2016] EWCA Civ 402 (26 April 2016)

The partially open cell door did not present a real or material foreseeable risk of injury to the claimant or her colleagues. There was no evidence of prior incidents or risk assessments identifying such a risk, and the door was in good working order. Therefore, there was no breach of Regulation 5, and the appeal fails.

Citation
[2016] EWCA Civ 402
Parties
Appellant/claimant: Katie Cruz; Respondent/defendant: The Chief Constable of Lancashire Police & Anr
Jurisdiction
England and Wales
Judgment Date
26 April 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability and Causation
Outcome
Appeal dismissed
Legal Topics
Workplace Safety, Strict Liability Under Health and Safety Regulations, Foreseeability of Risk, Maintenance of Workplace, Manual Handling Injuries
Health and Safety Law Employment Law Personal Injury Workplace Safety Strict Liability Under Health and Safety Regulations Foreseeability of Risk Maintenance of Workplace Manual Handling Injuries

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Parties

Katie Cruz

Appellant/claimant

The Chief Constable of Lancashire Police & Anr

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability and Causation

Legal Issues

  1. 1 Whether the partially open cell door constituted a breach of Regulation 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 by failing to maintain the workplace in an efficient state
  2. 2 Whether the partially open door presented a foreseeable risk of injury to the claimant as required for breach of duty under Regulation 5
  3. 3 Whether the corridor was rendered unsuitable under Regulation 17 by the partially open door

Ratio Decidendi

The partially open cell door did not present a real or material foreseeable risk of injury to the claimant or her colleagues. There was no evidence of prior incidents or risk assessments identifying such a risk, and the door was in good working order. Therefore, there was no breach of Regulation 5, and the appeal fails.

Court Disposition

Appeal dismissed