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Latimer v. AEC Ltd 1953
Freak Accident
This case deals with the position at common law relating to an
"unprecedented, unexpected and freak hazard". Practicability of
precautions.
Facts
The plaintiff was employed by the defendant. On the afternoon of the
day of the accident, an exceptionally heavy rainstorm had flooded
the whole of the defendant's premises. 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. The
defendants took measures to clean away the oil, using all the
sawdust available to them. The plaintiff came on duty with the night
shift, unaware of the condition of the floor. While endeavouring to
place a heavy barrel on a trolley, his foot slipped on the still
oily surface, he fell on his back, and the barrel crushed his left
ankle. The trial judge found a breach of common law duty. The Court
of Appeal reversed this decision.
The Decision
The reasonable employer had to make a decision whether or not to
shut the factory down and totally eliminate the risk. The employer
took every step that reasonably could have been taken in the
circumstances and in so doing had negated any possible allegation of
negligence.
A defendant does not have to totally eliminate the risk but must do
as much as the reasonable person would do in the circumstances.
Note¹
This case deals with the position at common law relating to an
"unprecedented and freak hazard". Where, for example, a means of
access becomes hazardous due to snow or ice, it may not be
reasonably practicable to take immediate steps to do something about
it and a "temporary" delay may be expected. However, there must be
reasonable attempts to deal with the problem. The Court also ruled
that the definition of "maintained", used in the Factories Act 1961,
was clearly directed to the state of the construction of the floor
and not its temporary and unexpected condition or obstructions on
its surface. As a result Latimer lost his claim.
Note²
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