Rackes v Atomic hardware warehouse (Personal Injury Cause 1022 of 2019) [2022] MWHC 45 (1 April 2022)

Rackes v Atomic hardware warehouse (Personal Injury Cause 1022 of 2019) [2022] MWHC 45 (1 April 2022)

The defendant breached its common law and statutory duty of care by operating a gate with a design flaw, which directly caused the claimant's injury. The claimant did not contribute to the injury, and the defendant is liable for damages and costs.

Source-derived case information.

Citation
[2022] MWHC 45
Parties
Claimant: Erick Rackes; Defendant: Atomic Hardware Warehouse
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
1 April 2022
Case Number
Personal Injury Cause 1022 of 2019
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Negligence, Employer's Duty of Care, Statutory Duty, Personal Injury, Contributory Negligence
Source Language
english
Tort Law Employment Law Occupational Health and Safety Negligence Employer's Duty of Care Statutory Duty Personal Injury Contributory Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Erick Rackes

Claimant

Atomic Hardware Warehouse

Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant was negligent and breached its statutory duty as employer
  2. 2 Whether the claimant suffered injury and loss as claimed
  3. 3 Whether the claimant is entitled to damages and costs

Ratio Decidendi

The defendant breached its common law and statutory duty of care by operating a gate with a design flaw, which directly caused the claimant's injury. The claimant did not contribute to the injury, and the defendant is liable for damages and costs.

Court Disposition

Judgment for the claimant

Orders

  • Defendant liable for damages to be assessed by the Registrar if not agreed within 14 days
  • Claimant awarded costs of proceedings to be assessed by the Registrar