Allison v London Underground, [2008] EWCA Civ 71
Citation: Allison v London Underground, [2008] EWCA Civ 71
Rule of thumb: Does an employer have a duty to investigate all risks of injury in their line of work? Yes, an employer has a duty to possess a document where all possible health & safety risks in their line of work are accounted for. A failure to possess a document confirming that all risks have been foreseen and a safe system put in place to prevent them will be deemed to be indicative of negligence from the very offset.
Judgment:
‘To say that training is adequate if it deals with the risks which the employer knows about is to impose no greater a duty than exists at common law. In my view the statutory duty is higher and imposes on the employer a duty to investigate the risks inherent in his operations, taking professional advice where necessary’, Smith LJ
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.