Rutter v Beck [1990] JLR 252 (12 November 1990)

An employer's failure to provide safe access does not absolve an employee from exercising their own duty of care; if the employee takes unnecessary risks, this may amount to contributory negligence.

Citation: [1990] JLR 252
Parties: Plaintiff: Rutter; Defendant: Beck
Jurisdiction: Jersey
Judgment Date: 12 November 1990
Procedural Posture: Civil / Judgment
Outcome: Contributory negligence may be found if employee takes unnecessary risks despite employer's breach.
Legal Topics: Employer's Duty of Care, Employee Contributory Negligence, Construction Site Safety

Employment Law Health and Safety Law Employer's Duty of Care Employee Contributory Negligence Construction Site Safety

Case Brief

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Parties

Rutter

Plaintiff

Beck

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether employer's failure to provide safe access discharges employee's duty of care
2 Whether employee taking unnecessary risks constitutes contributory negligence

Ratio Decidendi

An employer's failure to provide safe access does not absolve an employee from exercising their own duty of care; if the employee takes unnecessary risks, this may amount to contributory negligence.

Court Disposition

Contributory negligence may be found if employee takes unnecessary risks despite employer's breach.