The words of Lord Justice Stanley Burnton must have been a hammer blow to the parents of Matthew Marsden : This was a tragic case, and Matthew’s death has been understandably devastating for his parents. A drowning such as this is a parent’s nightmare. But accidents may and do happen to young children without anyone…
Category Archives: liability
Palmer v Cornwall County Council – school negligence claim
Court of Appeal decisions concerning personal injury compensation claims arising out of accidents at school are after all just like buses, none for ages then two at once. After Orchard v Lee we now have Palmer v Cornwall County Council which by the time it got before the Court of Appeal was a straightforward negligence…
Whippey v Jones – dog walker not liable for personal injury
Dog walker not liable for injuries suffered by a jogger after being approached by a great dane.
Orchard v Lee – 13 year old child not liable for playtime accident
A lunchtime supervisor at a secondary school failed in her attempt to recover compensation for personal injuries caused by a Year 9 child playing tag*. The Court of Appeal case is Orchard v Lee. The facts of this case were stated by Waller LJ : At about 1.40 pm on 27th January 2004 the respondent…
Smith v Northamptonshire County Council – Lords uphold work equipment ruling
House of Lords uphold Court of Appeal ruling in Smith v Northamptonshire County Council
Provision and Use of Work Equipment
For the strict liability provisions of these Regulations to come into effect when an employee is injured whilst using “work equipment” which has not been provided by his/her employer the employer must have given express or implied permission for the equipment to be used. So held Smith LJ in the Court of Appeal in Couzens…
