Case Law Nebosh

Case – British Railways board Vs Herrington

Relevance
- Trespasser duty of care
- Common humanity
- Occupiers liability act 1984

Facts
- Railway line operated by BRB ran through property open to public
- Fences were in poor repair
- 1965 children seen on line
- Child severely injured when he stepped on line after passing through broken fence
- Plaintiff claimed damages for negligence

Ruling
- House of lords held over trespassers, a duty to take steps as common humanity to avert danger i.e. fix the fence
If the presence of trespassers is known or foreseeable, step must be taken

Case – Paris Vs Stepney Borough Council

Relevance
- Duty to individuals

Facts
- Plaintiff employed by the defendants
- He only had use of one eye
- Accident resulting in loss of use of other eye
- Plaintiff claimed damages
- Defendants showed evidence that it was not usual practice to require eye protection

Decision
- The house of lords held that severity of harm would have influenced a reasonable employer
- So extra duty of care for one eyed employee required use of goggles
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Case – Corn Vs Weir’s Glass

Relevance
- Injury not caused by breach of statutory duty
- Breach of statutory duty

Details
- Glazier carrying sheet of glass with both handles fell on a stairway and was injured
- He sued for breach of statutory duty because no handrail was provided
- He needed both hands to carry glass so handrail would not have been any use
- Claim failed *The breach of statutory duty did not cause the injury*

Prove Breach of Statutory Duty requires:-
- Statute broken
- Breach caused injury
- Claimed was class of person the statute was intended to protect
- The type of injury was one the statute was intended to protect
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Case – Edwards Vs National Coal Board

Relevance
- Reasonably Practicable

Details
- Edwards slipped when a section of roadway collapsed
- NCB agreed that the cost of *** up would have been prohibitive (was not