West Sussex County Council v Fuller

Statutory duty – Breach. The claimant brought proceedings against the defendant employer in respect of a personal injury sustained at work. The judge rejected the claimant's account of the accident, but was persuaded that the law compelled him to find for the claimant, and that he was 'prohibited' from making any finding of contributory negligence, as a result of the circumstance that the defendant was in breach of its statutory obligations to undertake a risk assessment and reduce the risk of injury. The Court of Appeal, Civil Division, allowed the defendant's appeal and dismissed the claim. It held, inter alia, that although the defendant had arguably been in breach of its duty, the accident had not fallen within the ambit of the risk which the defendant had arguably been required to assess.

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