Burrows v Northumbrian Water Ltd

Damages – Personal injury. The claimant, accidentally fell and fractured his ankle whilst at work for the defendant. The claimant claimed that he fell on black ice, and that the defendant was liable for the resultant physical damage, pain and suffering and financial loss. It was contended that his fall was caused by common law negligence on the part of the defendant alternatively by breaches by the defendant of statutory duties imposed by the Workplace (Health, Safety and Welfare) Regulations 1992 (the workplace regulations) and the Provision and Use of Work Equipment Regulations 1998. Regulation 12(3) of the workplace regulations provided to the effect that every surface of every traffic route in a workplace was to kept free from obstructions which might cause a person to slip, trip or fall, so far as was 'reasonably practicable'. It was common ground that the access road constituted a traffic route in a workplace for the purposes of reg 12(3) and that the ice on the access road. The trial judge held in favour of the defendant. The claimant appealed and the appeal was dismissed.

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