Employer’s liability, Vicarious liability and
product liability
Employers’ liability
[Wilson & Clyde coal co Ltd v English] = employers common law duty as comprising
reasonable steps to provide: (These are personal responsibilities - cannot be delegated to
someone).
1. Competent staff = (important when know or don’t know if a particular person is
incompetent) selection, training, supervision, dismissal
2. Adequate material = required to provide and maintain equipment. To argue that
materials had inherent defects and its not the fault of the employer they must prove
two things under employers’ liability act 1969 1) fault on the part of the third party
(Manufacturer or supplier) and 2) causation.
3. Proper system of work and supervision = adequate training, supervision, monitor
operation system, discipline failure to comply.
[Latimer v AEC Ltd] established a 4th:
4. A safe place of work = overlap in employers common law duty and occupiers’
liability act 1957 - in 1957 act employers can comply by delegating work to
independent contractor by contrast under common law it is non-delegable → only
applies in premises in which the employer is the occupier.
Stress at work = [Hatten v Sutherland] - threshold question for whether a duty would arise for
stress at work is whether it was reasonably foreseeable: court must consider
1. Nature + extent of work done by employee, and
2. Signs from the employee themselves - employer is allowed to assume an employee is
up to pressures of the job.
Employer will be in breach of duty if they fail to meet standard of care for a reasonable
employer in their position → what risks ought they to have foreseen + what precautions
ought they to have taken. (magnitude/cost and practicality)
Employers’ liability act 1969 = removes the need for an employee to identify and sue the
manufacturer of defective equipment supplied to their employer, provided the employee can
establish that fault on the part of someone caused the injury, the employee can simply sue the
employer for failing to provide adequate equipment.
Causation + defences must also be considered.
Vicarious Liability
This is where a person is liable for the torts committed by another → employer has secondary
liability if an employee committed tort against a third party (liable in addition to not instead
of employee). Requirements for vicarious liability:
product liability
Employers’ liability
[Wilson & Clyde coal co Ltd v English] = employers common law duty as comprising
reasonable steps to provide: (These are personal responsibilities - cannot be delegated to
someone).
1. Competent staff = (important when know or don’t know if a particular person is
incompetent) selection, training, supervision, dismissal
2. Adequate material = required to provide and maintain equipment. To argue that
materials had inherent defects and its not the fault of the employer they must prove
two things under employers’ liability act 1969 1) fault on the part of the third party
(Manufacturer or supplier) and 2) causation.
3. Proper system of work and supervision = adequate training, supervision, monitor
operation system, discipline failure to comply.
[Latimer v AEC Ltd] established a 4th:
4. A safe place of work = overlap in employers common law duty and occupiers’
liability act 1957 - in 1957 act employers can comply by delegating work to
independent contractor by contrast under common law it is non-delegable → only
applies in premises in which the employer is the occupier.
Stress at work = [Hatten v Sutherland] - threshold question for whether a duty would arise for
stress at work is whether it was reasonably foreseeable: court must consider
1. Nature + extent of work done by employee, and
2. Signs from the employee themselves - employer is allowed to assume an employee is
up to pressures of the job.
Employer will be in breach of duty if they fail to meet standard of care for a reasonable
employer in their position → what risks ought they to have foreseen + what precautions
ought they to have taken. (magnitude/cost and practicality)
Employers’ liability act 1969 = removes the need for an employee to identify and sue the
manufacturer of defective equipment supplied to their employer, provided the employee can
establish that fault on the part of someone caused the injury, the employee can simply sue the
employer for failing to provide adequate equipment.
Causation + defences must also be considered.
Vicarious Liability
This is where a person is liable for the torts committed by another → employer has secondary
liability if an employee committed tort against a third party (liable in addition to not instead
of employee). Requirements for vicarious liability:
