| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 80 (Dec) |
| Court: | Queen's Bench Division |
| Judge: | Judge Stockdale QC sitting as a judge of the High Court (judgment delivered extempore) |
| Representation | Stuart Nicol (instructed by The Compensation Lawyers) for the claimant. |
| Tom Poole (instructed by Reynolds Porter Chamberlain) for the defendant. | |
| Judgment Dates: | 12 December 2011 |
Catchwords
Negligence - Duty to take care - Employer - Duty to maintain workplace and related equipment - Claimant employee injured after falling from lorry - Dispute as to cause of fall - Claimant alleging defective equipment causing fall - Whether equipment defective - Workplace (Health, Safety and Welfare) Regulations 1992, ss 4(1) and (5(1) - Provision and Use of Work Equipment Regulations 1998, .
The Case
Negligence Duty to take care. The Queen's Bench Division, in dismissing the claimant's claim for personal injury caused by the defendant employer's negligence and-or breach of statutory duty, held that the claimant had been unable to prove that the accident had occurred in the manner that he had alleged.
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