Herbison v McCooke & Anor [2007] NIQB 122 (8 March 2007)

Herbison v McCooke & Anor [2007] NIQB 122 (8 March 2007)

Both defendants were liable in negligence: the first defendant as employer failed to provide a safe system and place of work, and the second defendant as occupier failed to take reasonable care to ensure the safety of lawful visitors, given the hazardous conditions at the dump site.

Citation
[2007] NIQB 122
Parties
Plaintiff: John Simpson Herbison; First Defendant: George McCooke; Second Defendant: Don Logan
Jurisdiction
Northern Ireland
Judgment Date
08 March 2007
Procedural Posture
Personal Injury / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Negligence, Duty of Care, Employer's Liability, Occupier's Liability, Personal Injury
Tort Law Employment Law Occupiers' Liability Negligence Duty of Care Employer's Liability Occupier's Liability Personal Injury

Case Brief

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Parties

John Simpson Herbison

Plaintiff

George McCooke

First Defendant

Don Logan

Second Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the first defendant owed a duty of care to the plaintiff as employer
  2. 2 Whether the second defendant owed a duty of care to the plaintiff as occupier of the land
  3. 3 Whether the plaintiff was a lawful visitor or trespasser on the land

Ratio Decidendi

Both defendants were liable in negligence: the first defendant as employer failed to provide a safe system and place of work, and the second defendant as occupier failed to take reasonable care to ensure the safety of lawful visitors, given the hazardous conditions at the dump site.

Court Disposition

judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of £70,000 with costs against both defendants