Employers' liability: transient hazards on floors and reasonably practicable steps

Vickers v Dudley Metropolitan Borough Council
9 January 2014
Walsall County Court

The claimant was employed by the defendant as a cashier at Christ Church CE Primary School in Coseley. She operated the till in the dining hall of the school to process payment for the pupils' school meals. On 23 May 2011, whilst walking across the dining hall to return some change owed to a child, the claimant slipped on some peas on the floor, causing her to fall and break her left femur.

The claimant alleged breach of the duty owed under the Occupiers' Liability Act 1957, as well as negligence, although it was acknowledged that the highest point of her claim was her allegation of breach of regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. This regulation provides that every floor in a workplace must be kept free from obstructions or substances which may cause a person to slip, trip or fall, subject to a defence of reasonable practicability.

Read the full articel on DWF's dedicated website for insurance professionals >

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Denise Brosnan

Partner - Operations Lead - Birmingham

I am a partner specialising in insurance law with a particular interest in local authority liabilities, novel and complex claims.