Smith v Northamptonshire County Council

Smith v Northamptonshire County Council

The ramp was not 'work equipment' for the purposes of the 1998 Regulations because the Council had no sufficient control, right, or responsibility to maintain or construct it; strict liability under the Regulations does not arise in such circumstances.

Parties
Respondent: Smith; Appellant: Northamptonshire County Council
Jurisdiction
England and Wales
Judgment Date
11 March 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; judgment entered for the Council.
Legal Topics
Employer's Liability, Work Equipment, Strict Liability, Control Over Equipment
Employment Law Health and Safety Law Employer's Liability Work Equipment Strict Liability Control Over Equipment

Case Brief

Summary, issues, holding and outcome

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Parties

Smith

Respondent

Northamptonshire County Council

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the ramp used by the claimant was 'work equipment' under the Provision and Use of Work Equipment Regulations 1998 for which the employer owed strict liability for maintenance or construction.
  2. 2 Whether the Council had sufficient control over the ramp to attract liability under the Regulations.

Ratio Decidendi

The ramp was not 'work equipment' for the purposes of the 1998 Regulations because the Council had no sufficient control, right, or responsibility to maintain or construct it; strict liability under the Regulations does not arise in such circumstances.

Court Disposition

Appeal allowed; judgment entered for the Council.

Orders

  • Judgment for the Council.