In this case = factory flooded, V fell over, but no one else fell over or injured themselves. 4. LATIMER v. A. E. C. LIMITED Lord Porter Lord Oaksey Lord Reid Lord Tucker Lord Asquith of Bishop-stone Lord Porter MY LORDS, In this case the Appellant recovered a sum of £550 as damages for injuries which he alleged had been (the result of a failure on the part of the Respondents in breach of their statutory duty to maintain one of the gang­ways in their works in an efficient state. Therefore, the danger was not such as to impose upon a reasonable employer the obligation to close the factory. Latimer v AEC Ltd Latimer v. AEC Ltd 1953. The defendant was in an argument with another in a pub. took measures to clean away the oil, using all the sawdust available to them. 's premises. The standard which must be met is that of the ‘reasonably prudent employer’, Latimer v AEC … The cost and effort of precautions: Latimer v AEC [1953] AC 643. Where the cost of precaution is higher, the risk to others must be higher before the reasonable person would pay to take the costlier precaution. Paris v Stepney BC (1951) Loss caused by the breach Latimer v AEC AC 643 House of Lords The claimant worked in the defendant's factory and slipped up on the factory floor. Case Brief Wiki is a FANDOM Lifestyle Community. A defendant does not have to totally eliminate the risk but must do as much as the reasonable person would do in the circumstances. The argument escalated and the defendant attempted to hit the other man with his belt, but missed. Even the safety engineer did not state that any more steps than were taken should have been performed. The defendant had put up warning signs, informed staff of the dangers and used all available sawdust and sand to soak up liquid. Latimer v AEC Ltd. [1953] AC 643 Facts : There was an exceptionally heavy rainstorm which flooded the factory floor and oil from channels under the ground rose to the surface. In order for a place of employment to be considered safe, it must include safe premises in a safe working environment. After reading this chapter you should be able to: ■Understand the usual means of measuring the standard of care ■Understand the different measure applicable to professionals, particularly doctors ■Understand the factors used in determining whether a defendant has fallen below the standard of care appropriate to the duty owed ■Critically analyse the concepts of standard of care and breach of duty of care ■Identify the appropriate standard of care in factual situations ■Apply the factors for determining breach to factu… Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and freak hazard". Latimer v AEC Ltd. Practicality of taking precautions? An employer has a ‘duty of taking reasonable care to provide proper appliances, and to … Did the wrongdoer follow the usual practice and if not, was there a good reason not to? 's premises. THE DUTY ON EMPLOYERS IS TO TAKE REASONABLE CARE (REASONABLY COMPETENT EMPLOYER). The defendant argued that they should not be liable, because the only way they could have made the factory safer was by shutting it down entirely. Country Latimer v AEC Wilson v Tyneside Cleaning- safe place of work includes premises of third parties (although standard is lower) Reasonable provision of safety equipment required Bux v Slough Metals- must insist according to CL duty that such equipment is used (contrib neg as didn't wear it) Following an exceptionally heavy storm, water entered a factory and covered much of the floor; when it drained away (after mixing with the coolant used for the machinery) it left a thin film of an oily liquid on the floor. Watt v Hertfordshire [1954] 1 WLR 835 Case summary . Bolton v Stone [1951] AC 850. United Kingdom They were not in breach of their duty to the claimant, as they were not required to take excessive measures such as shutting down the factory. Setting a reading intention helps you organise your reading. The belt ricocheted off and hit a woman in the face. Held: defendants had not been negligent to minimise any possibility of risk to their employees. (reasonable precautions should be taken) Claimant had done everything they practically could to prevent flood injury. Oil, which normally ran in covered channels in the floor of the building, rose to the surface and when the water drained away, left an oily film on the floor. Latimer v AEC Ltd [1953] 2 All ER 449. R v Latimer, [1997] 1 SCR 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy. Court: Court of Appeal. Setting a reading intention helps you organise your reading. The plaintiff was employed by the defendant. Latimer v AEC Ltd [1953] 2 All ER 449, HL. AEC Ltd could have closed the factory while the floor was wet, but this precaution as a significant and expensive one an a … 1 Lastly, it is apparently no social utility of the defendent’s negligent act (Watt v … Wilsons & Clyde Co Ltd v English [1938] AC 57. Is the defendant's risky activity socially important? Latimer v. AEC Ltd. (p. 47)—”reasonably prudent employer” Under US law this issue is decided by the jury if reasonable people could disagree about the answer under the relevant rule or standard. Chapter 5: Test your knowledge. Latimer v AEC Ltd. AC 643 Facts: There was an exceptionally heavy rainstorm which flooded the factory floor and oil from channels under the ground rose to the surface. It was held that the occupiers were not liable. The implementation of this principle is in the case of Latimer v AEC Ltd. Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and freak hazard". Latimer v AEC Ltd Latimer v. AEC Ltd 1953. lack of funds), HOWEVER see the case of Knight v Home Office [1990] The defendants had employed the complainant, Mr English. Practicability of precautions. The Lords also discussed the proper interpretation of the Factories Act 1937. Bolton v Stone. Latimer v AEC Ltd [1953] AC 643) Nature o A single duty with four aspects Cathay Pacific Airways Ltd v Wong Sau Lai (2006) 9 HKCFAR 371 o With overlaps, one or more aspects may be pleaded Sin Kin Man v Hsin Cheong Construction Co Ltd o An affirmative duty, requiring positive action by the employer to ensure the safety of employees Ho Ying Wai v Keliston Marine (Far East) Ltd [2003] 1 HKLRD 343 … You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Date: 1953 Facts. The Claimant fell on the slippery floor at work and crushed his ankle. Latimer slipped regardless and injured himself. Area of law Latimer v AEC Ltd [1953] 2 All ER 449. If so then your chances of being found liable due to breach is lower . Latimer v AEC Ltd AC 643: Floor of a factory became slippery with water and oil owing to a flood caused by a heavy rainfall. The social utility of the defendant’s activity: Humphrey v Aegis Defence Services [2016] EWCA Civ 11. Occupiers of the factory did all they could to get rid of the water and make the factory safe, but the plaintiff fell and was injured. Latimer Practicability of precautions. The ordinary risks inherent to a game and the rules of sport: Wattleworth v Goodwood Road Racing Co [2004] EWHC 140 (QB). Latimer v AEC Ltd [1953] D, a factory owner. Facts. The oily film was due to water from an exceptionally heavy storm. Setting a reading intention helps you organise your reading. Latimer v AEC Due to flooding, the defendants had covered some of the wet areas with sawdust, but had not enough to cover them all. A.E.C. Facts. Whether factory should be shut down until floor was made save. ⇒ See, for example, Latimer v AEC Ltd. [1953] 5) The Defendant’s Financial Circumstances ⇒ The court will not usually take into account D’s financial circumstances (i.e. Take your favorite fandoms with you and never miss a beat. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Citations: [1953] AC 643; [1953] 3 WLR 259; [1953] 2 All ER 449; (1953) 117 JP 387; (1953) 97 SJ 486; [1953] CLY 2513. Latimer v AEC [1953] AC 643 Case summary . Held. Act, Regulation or Reference: Occupiers Liability Act 1957. Appellant Citation The claimant was a workman at the defendant’s factory. Recall the “Hand formula” in U.S. v. Carroll Towing Co., Inc. (1947), p. 17. The foreseeable risk must be balanced against the cost of eliminating the danger Latimer v AEC Ltd. Did you follow common practice? Eg an auditor who followed ISAs - it is likely that they would have met their duty of care. Latimer v AEC Ltd(1953) A heavy rainstorm flooded the factory making the floor oily. The oily floor was due to water damage from an exceptionally heavy storm. The claimant, Miss Stone, was walking on a public road when she was hit on the head with a cricket ball. Olu’s estate v Ben – Ben is expected to behave as a reasonable driver (Nettleship v Weston). THE DUTY ON EMPLOYERS IS TO TAKE REASONABLE CARE (REASONABLY COMPETENT EMPLOYER). Lords Porter, Oaksey, Reid, Tucker, and Asquith of Bishop-stone. Section 25 of the 1937 Act (now section 28 of the 1961 Act) required floors to ‘be of sound construction and properly maintained’. Standard of care rescuers WATT v Hertforshire Co Co. The claimant sued the defendant in negligence. Was it unreasonable for the cricket club to play cricket in an area as it was near a public area? Once you have completed the test, click on 'Submit Answers for Grading' to get your results. This caused an chemical contained in channels in the floor to leak out. Latimer came on duty with the night shift, unaware of the condition of the floor. Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and … Was the risk considerable? The employer took a lot of precautions following the incident, which included putting down sawdust and putting up notices warning people. When the water levels went down, the chemicals covered the floor, making it highly slippery. The fact that Ben drove, having consumed several pints, implies that he did not behave as a reasonable man. reference Latimer V AEC Ltd the workplace (factory) was flooded. Latimer v AEC Ltd House of Lords. The failure to take drastic steps to prevent harm might be negligent if the risk and seriousness of the potential harm is high enough. • likelihood of injury (Bolton v Stone), • common practice (Mercer’s case), and • the cost of eliminating the risk (Latimer v AEC) • Social utility of defendant’s conduct: Watt v Hartfordshire CC • Seriousness of injury: Paris v Stepney CC. Facts. However, this will not apply if the common practice itself is negligent. Latimer v AEC [1953] Definition. The … Occupiers took all reasonable steps, but workman injured. The cost of taking precautions against the risk of harm is relevant when determining whether the defendant has breached their duty of care. The House of Lords decided that the employers had taken realistic and reasonable safety measure and they never expected to close down their workplace in order to stay away from a fairly silly risk of injury. While endeavouring to place a heavy barrel on … Latimer v AEC Ltd Issue. 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