Self-test questions: Employers' Liability

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. Which of the following are NOT part of an employer's personal non-delegable obligations to provide for an employee?

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. Femi is injured at work when a fellow employee Joey plays a practical joke on him, trips him up and he falls down the stairs. Joey has already been involved in disciplinary proceedings with the employer in relation to the playing of practical jokes at work. Can Femi successfully sue his employer for the injuries?

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. Ned was a scaffolder. He fell from some scaffolding as he was not wearing a safety harness. Ned's employer had failed to provide appropriate safety equipment for working at height. Ned preferred not to wear a safety harness. Can Ned successfully sue his employer for failing to provide adequate material and equipment?

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. Leia works as a cleaner for BigShop. BigShop provided her with all of the cleaning materials she might need to clean the shop floor and pairs of rubber gloves. BigShop warned her of the possibility of developing dermatitis but did not instruct her to wear the gloves. Leia develops dermatitis on her hands after working with the cleaning products in her job. Can Leia successfully sue BigShop for breach of their non-delegable duty?

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. Luke works in the Defendant's factory. There was a rainstorm and the rainwater flooded the factory. It mixed with oil which normally collected in channels around the floor. As a result when the rainwater drained away the floor was incredibly slippery. The Defendant's factory manager covered the floor with sawdust but ran out and left one corner of the factory floor untreated. Luke slipped on the untreated area of floor and broke his wrist. Can Luke successfully sue his employer for breach of duty?

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. Mia is a music fan attending a concert with her friend. Ricky is one of the security staff working at the venue. Ricky is known to be quite hot-headed and his employer has had words with him before about this, equally the venue owner has urged the security staff to have a zero tolerance policy for bad behaviour in the queue, and to "act accordingly". Mia leaves her place in the queue to buy a bottle of water, and when she tries to return to her place next to her friend, Ricky forcibly removes her for queue jumping. He grabs her by the hood of her jacket and lifts her off the ground, causing her bruising and other injuries. Mia understands that she can sue the venue owner as being vicariously liable for Ricky's actions, but wants to know if she can sue the venue owner personally for breach of their duty of care?

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. What is the effect of the Employer's Liability (Defective Equipment) Act 1969?

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. What is meant by the term "non-delegable" in relation to an employer's "non-delegable" duty?

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. Does an employer remain under a duty to ensure the safety of their employee when the employee is working at a third party's premises?

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. Joud works as a plumber for PlumbCo and usually works on building sites for large home builders in the UK. She is sent by PlumbCo to work on a job in France where she is fitting out the plumbing in a large house. While working there, Joud slips on a poorly maintained stair rod and falls down the stairs, injuring her back. Can Joud sue her employer PlumbCo for breach of their duty to her?

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