Employers Liability (Defective Equipment) Act 1969 leads Claimant to success

10/03/21

Reception

Civil Litigation Team -  Case Update

Mr Steven Johnson v National Platforms Limited

The decision of Deputy District Judge DG Morgan MBE is a useful example of how the 1969 Act can be used to establish liability in cases of defective work equipment following the removal of statutory causes of action in civil claims following breaches of the 'six pack regulations' by section 69 of the Enterprise and Regulatory Reform Act 2013

In the above case, the court held that the burden of proof is on the Claimant to satisfy the court that there is 'fault' for section 1(3) of the 1969 Act to apply. The test that is to be applied is the usual civil standard i.e. on the balance of probabilities. If the Claimant can satisfy that standard, then the Defendant will be liable for damages pursuant to section 1(1) of the Act.

Read approved Judgment ...

 

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