Chartier -v- States of Jersey Post 8-Jun-2006 [2006] JRC 082A (08 June 2006)

Chartier -v- States of Jersey Post 8-Jun-2006 [2006] JRC 082A (08 June 2006)

Jersey Post failed to carry out an adequate risk assessment and did not ensure Mr Chartier was fully trained in manual handling before assigning him to a new collection duty, breaching its duty of care. Mr Chartier was contributorily negligent by failing to test the weight of the trunk and not seeking assistance. HSBC did not owe or breach any duty of care to Mr Chartier in the circumstances.

Citation
[2006] JRC 082A
Parties
Plaintiff: Jacques Chartier; First Defendant: Jersey Post; Second Defendant: HSBC International Limited
Jurisdiction
Jersey
Judgment Date
08 June 2006
Procedural Posture
Civil Personal Injury / Judgment on Liability Only
Outcome
Jersey Post liable for negligence with 30% reduction for contributory negligence; HSBC not liable.
Legal Topics
Employer's Duty of Care, Manual Handling Injuries, Risk Assessment, Contributory Negligence
Tort Employment Law Employer's Duty of Care Manual Handling Injuries Risk Assessment Contributory Negligence

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Parties

Jacques Chartier

Plaintiff

Jersey Post

First Defendant

HSBC International Limited

Second Defendant

Procedural Posture

Civil Personal Injury / Judgment on Liability Only

Legal Issues

  1. 1 Whether Jersey Post breached its duty of care to Mr Chartier resulting in injury on 10 May 2001
  2. 2 Whether HSBC owed or breached any duty of care to Mr Chartier
  3. 3 Whether Mr Chartier was contributorily negligent

Ratio Decidendi

Jersey Post failed to carry out an adequate risk assessment and did not ensure Mr Chartier was fully trained in manual handling before assigning him to a new collection duty, breaching its duty of care. Mr Chartier was contributorily negligent by failing to test the weight of the trunk and not seeking assistance. HSBC did not owe or breach any duty of care to Mr Chartier in the circumstances.

Court Disposition

Jersey Post liable for negligence with 30% reduction for contributory negligence; HSBC not liable.

Orders

  • Liability apportioned: Jersey Post 70%, Mr Chartier 30% contributory negligence.
  • No liability found against HSBC.