Craner v Dorset County Council

The raised paving slab constituted a sufficient risk to health and safety under the Workplace Regulations, and the employer was liable for the claimant's injury. The trolley was not unsuitable equipment, but liability attached under the Workplace Regulations due to the state of the paving slab.

Parties: Appellant: Craner; Respondent: Dorset County Council
Jurisdiction: England and Wales
Judgment Date: 05 December 2008
Procedural Posture: Civil Appeal / Appeal From County Court to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Workplace Safety, Employer's Liability, Work Equipment Suitability, Workplace Regulations

Employment Law Health and Safety Law Workplace Safety Employer's Liability Work Equipment Suitability Workplace Regulations

Case Brief

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Parties

Craner

Appellant

Dorset County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

1 Whether the raised paving slab constituted an obstruction or unevenness under the Workplace (Health, Safety and Welfare) Regulations 1992
2 Whether the trolley provided was unsuitable work equipment under the Provision and Use of Work Equipment Regulations 1998
3 Whether the employer was liable for the claimant's injury under the relevant regulations

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Judgment for the claimant under the Workplace (Health, Safety and Welfare) Regulations 1992
No liability under the Provision and Use of Work Equipment Regulations 1998