Caerphilly County Borough Council v Button

Caerphilly County Borough Council v Button

The employer breached its duty of care under common law and Regulation 12 by failing to provide a suitable and safe traffic route; the verge was habitually used, presented a foreseeable tripping hazard, and no adequate measures were taken to prevent or mitigate the risk. The respondent was contributorily negligent to the extent of 20%.

Parties
Appellant: Caerphilly County Borough Council; Respondent: Linda Button
Jurisdiction
England and Wales
Judgment Date
21 July 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Workplace Safety, Employer's Duty of Care, Contributory Negligence, Statutory Interpretation
Employment Law Occupiers' Liability Health and Safety Workplace Safety Employer's Duty of Care Contributory Negligence Statutory Interpretation

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Caerphilly County Borough Council

Appellant

Linda Button

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the employer breached its duty of care under common law and the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to provide a suitable and safe traffic route for employees.
  2. 2 Whether the verge where the accident occurred constituted a 'traffic route' under Regulation 12.
  3. 3 Whether the absence of previous accidents or complaints negated foreseeability of risk.

Ratio Decidendi

The employer breached its duty of care under common law and Regulation 12 by failing to provide a suitable and safe traffic route; the verge was habitually used, presented a foreseeable tripping hazard, and no adequate measures were taken to prevent or mitigate the risk. The respondent was contributorily negligent to the extent of 20%.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for the respondent stands with 20% contributory negligence.