Employer’s Liability.
Employer’s liability is a section of Tort Law that deals with the liability, employers’ have for occupational injuries to their employees arising from their negligence. At the start there was a slow start to impose liability in negligence on employers in relation to injuries to their employees. This meant there was little protection for employees within their workspace in respect to health and safety.
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Employer’s liability didn’t occur until the early part of the nineteenth century. The laissez-faire philosophy conquered this time period and stated that work related injuries were naturally going to happen but was essential in the long run. It was stated in Potts v Plunkett that if the employees…
“Chose to accept dangerous employment for an appropriate payment, they should not impose on their employer the obligation to compensate them when things go wrong.”This policy effected all the legal concepts of implied contractual terms, absence of legal duty of care , contributory negligence, voluntary assumption of risk and the doctrine of “common employment” during this time period. Eventually the doctrine was changed and employers were responsible to different types of liability caused to their employees by the negligence of their fellow employees. Overtime, the previous judicial mechanisms were broken down and has been fast and essential. Eventually the doctrine of “common employment” and the other enforced concepts were repealed in the form of statue; “Law Reform (Personal Injuries) Act 1958”.Other systems have also been set up to help people who requite compensation for work related injuries and was established in 1897, originally under judicial control, the Workman’s compensation Act 1897 and the Workmen’s…
… Barclay v An Post [1998] Ir Jur Rep 31 at 40.
Department of Posts and Telegraphs
Section 2; Civil Liability Act 1961
The leading English authority is Walker v Northumberland [1995] 1 All ER 737
McHugh v Minister for Defence, High Court, 28 January 1999
Curran v Cadbury [2000] 2 ILRM 343
White Chief Constable of South Yorkshire Police [1998] 3 WLR 1510
McLoughlin v O’Brian [1983] 1AC 410
Alcock v Chief Constable of South Yorkshire Police [1992] 1AC 310
Page v Smith [1996] 1 AC 155
White v Chief Constable of South Yorkshire Police [1998] 2 AC 455
Curran v Cadbury [2000] 2 ILRM 343, plaintiff sustained psychiatric injury when she turned on a machine where she worked, believing she killed or seriously injured a fellow employee who was working inside the machine without her knowledge. The judges classified her as a primary victim.
Mc Mahon & Binchy
