Case Law Nebosh - 1198 Words

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†¦show more content†¦ee accepted the risk) - House of Lords found that there was evidence that claimant had volunteered for the risk of injury - Claim was successful Case – Donoghue Vs Stevenson Relevance - Duty of care – concept of the Neighbour Principle Details - Claimant (Donoghue) fell ill when she drank a bottle of ginger beer which contained a decomposed snail - The bottle was opaque she had no idea that the bottle contained a decomposed snail - The claimant’s friend purchased the bottle - Claimant sued manufacturer - Manufacturer claimed that there was no contract between them as the claimant’s friend purchased the bottle Decision - Damages awarded to claimant Neighbor’s principle – extent of duty of care, who is my neighbour - You must take reasonable care to avoid acts or omissions which you can reasonably foresee that would be likely to injure your neighbor - Case – Latimer Vs A.E.C Relevance - ‘Properly maintained’ reasonable ‘safe place of work’ Details - Severe thunderstorm flooded factory - Floor became slippery - Quantity of sawdust was used to clear up, but insufficient held - Latimer slipped on floor sought damages using factories act that floors must be ‘properly maintained’ Decision - Latimer lost case - Court found that normally floor was fine and employer had taken reasonable steps to deal with the danger to employees - Case – Marshall Vs Gotham Co (gypsum mine) Relevance - ‘Practicable as againstShow MoreRelatedNebosh Diploma Unit D Assignment Guidance3683 Words   |  15 PagesNational Diploma Examiners Report Guidance - Unit D Examiners’ Report Guidance NEBOSH NATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY NEBOSH INTERNATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY Unit D and ID Assignments CONTENTS Introduction 2 Unit D and ID Assignments 3 ïÆ' £ 2011 NEBOSH, Dominus Way, Meridian Business Park, Leicester LE19 1QW tel: 0116 263 4700 fax: 0116 282 4000 email: info@nebosh.org.uk website: www.nebosh.org.uk The National Examination Board in Occupational SafetyRead MoreNebosh International Diploma5370 Words   |  22 PagesJan 2012 Examiners’ Report NEBOSH International Diploma in Occupational Health and Safety (Unit IA) Examiners’ Report NEBOSH INTERNATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY Unit IA: International management of health and safety JANUARY 2012 CONTENTS Introduction 2 General comments 3 Comments on individual questions 4 ïÆ' £ 2012 NEBOSH, Dominus Way, Meridian Business Park, Leicester LE19 1QW tel: 0116 263 4700 fax: 0116 282 4000 email: info@nebosh.org.uk website: www.nebosh.org.uk Read MoreNebosh IGC 14342 Words   |  18 PagesNEBOSH(IGC-1) TOPIC FOCUS ELE-1 TO ELE-5 1. 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(4) Answer: a)Read MoreNebosh Paper 1 Q a8545 Words   |  35 PagesNEBOSH International General Certificate Paper 1 Management of Health and Safety Question and Answers 1. (a) Outline the importance of monitoring as part of a health and safety management system (Sept 2008) (6) (b) Identify the (i) active (proactive), and (ii) reactive measures by which an organization can monitor its health and safety performance. (5) (5) (c) Explain why monitoring reports should be submitted to the chief executive or managing director of the organization. (4) Answer: a) The importance