McGurk v Mauger [2000] JRC 113 (22 June 2000)

McGurk v Mauger [2000] JRC 113 (22 June 2000)

The defendant breached its duty of care by failing to inspect and replace tying wire after repeated complaints. The wire was hard and springy, creating a foreseeable risk of injury. The breach caused the plaintiff's eye injury, and such injury was reasonably foreseeable given the nature of the material and the...

Source-derived case information.

Citation
[2000] JRC 113
Parties
Plaintiff: Plaintiff (name not specified); Defendant: J. P. Mauger Limited
Jurisdiction
Jersey
Judgment Date
22 June 2000
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff on liability.
Legal Topics
Negligence, Duty of Care, Causation, Foreseeability, Employer Liability, Provision of Materials, Workplace Safety
Tort Personal Injury Occupational Health and Safety Negligence Duty of Care Causation Foreseeability Employer Liability +2 more

Source-derived case record

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

Parties

Plaintiff (name not specified)

Plaintiff

J. P. Mauger Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care in providing tying wire for use by the plaintiff.
  2. 2 Whether the breach caused the plaintiff's injury.
  3. 3 Whether the injury was reasonably foreseeable.

Ratio Decidendi

The defendant breached its duty of care by failing to inspect and replace tying wire after repeated complaints. The wire was hard and springy, creating a foreseeable risk of injury. The breach caused the plaintiff's eye injury, and such injury was reasonably foreseeable given the nature of the material and the complaints made.

Court Disposition

Judgment for the plaintiff on liability.