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It was not foreseeable that the extent of exposure to a spouse would be so great as to create a risk. The exposure of the husband himself had been not such as to give rise to liability.
Gazette Apr,  ICR Control of Lead at Work Regulations No 8. A prison governor sent out a warder with two violent prisoners where it was policy not to bring such prisoners together.
The warder suffered injury as a result. There could be no breach of statutory duty where the governor exercised a discretion given to him as to how a statutory function was to be fulfilled.
Nevertheless he might be liable in negligence. Denning LJ  1 KB Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
Hodson LJ  2 QB England and Wales Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
A steel storage cabinet was held to be work equipment. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations.
Held: The appeal was allowed. The door closer was. Lord Justice General Normand JC 1 Cited by: Cited — Robb v Salamis M and I Ltd HL Dec The claimant was injured working for the defendants on a semi-submersible platform.
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station.
His widow now pursued his claim that the respondent had failed to comply with the Regulations. To suggest that they import some intimate connection with the manufacture of a product introduces an unnecessary and unwarranted gloss on the subsection.
I would therefore hold that the lagging work which Mr McDonald encountered in the power station constituted a process for the purposes of section 47 and that the first condition necessary to show breach of subsection 1 of that section has been met.
For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press.
Times Mar,  EWCA Civ ,  ICR ,  PIQR P19 Appeal from — McDonald v Department for Communities and Local Government and Another CA 6-Nov The claimant was a lorry driver making collections from a power station.
On his visits, he visited areas where asbestos sludge was being used. He contracted mesothelioma, and now sought damages. The defendants replied that he was not a worker at the.
The Court of Appeal had held that the Regulations applied even though he was not emplyed by the appellant company.
Held: Affirmed. The power contained in section For the reason I have given with regard to section 4 1 I do not think that section 47 1 applies to the facts of.
He had worked two years at each of the sites erecting pipes, breaking into old pipes and. The protection.
Unreported, 15 June Cited — Harrison v National Coal Board HL The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance. Held: Legislation protecting safety in the workplace gives rise to an action by a person for whom the protection was intended for.
The presence of the silica, and its harmfulness, had not been known at the time. Held: The. Held: There is nothing new in construing legislation designed for the protection of workers as inapplicable to other visitors to the relevant premises.
He wanted to catch a pigeon sitting behind the revolving shaft of a machine. He climbed a vertical steel ladder to a platform where he knew he was not.
These lists may be incomplete. Leading Case Updated: 13 December ; Ref: scu. The deceased worked for the defendants on an oil rig. The door closer was apparatus for use at work, though provided by a different company.
The Regulations went beyond the scope of the Directive and did not limit liability to employers only, but did not specify the provider. Indeed, that is just common sense — not only for oil platforms but for any factory or workplace where major repairs to equipment may have to be carried out.
The duty applied equally to both, and the liability which it creates is strict:. Not approved — Hammond v Commissioner of Police for Metropolis and others CA Jun The claimant mechanic was employed by the Commissioner of Police.
He was working on the wheel of a police dog van when the shearing of a wheel bolt caused him to suffer injury. An employer is liable for the defective equipment he provides.
What is equipment will. Cited by: Cited — Smith v Northamptonshire County Council HL May The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury.
She sought damages from her employer. Held: Her appeal failed Lord Hope and Lady Hale dissenting. Leading Case Updated: 12 December ; Ref: scu.
An action was brought for injuries caused by a breach of statutory of duty. Lord Atkin said that a common sense rather than a philosophical or scientific approach to causation was to be adopted.
In that case the Plaintiff cannot recover because the injury is partly caused by what is imputed to him as his own default.
On the other hand, if the Plaintiff were negligent, but his negligence was not a cause operating to produce the damage, there would be no defence.
Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor.
The hospital appealed a finding that it. Held: It had. The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant.
The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs.
The employer appealed a finding of liability. Held: The claims for damages failed. This is not a case where a claim of low value requires the support of other elements to make it actionable.
It is a claim which has no value at all. Pleural plaques are a form of injury. But they are not harmful. They do not give rise to any symptoms, nor do they lead to anything else which constitutes damage.
Furthermore it is not possible to bring the risks of developing a harmful disease into account by applying the ordinary rules of causation.
The risks are no doubt due to the same exposure to asbestos. But they are not created by, or in any way contributed to, by the pleural plaques.
Pleural plaques were apparent on X-ray and the pleura would constrict the lung and induce breathlessness; and the asbestos must have.
Unreported, 19 March , Times Mar Cited — Cartledge v E Jopling and Sons Ltd HL The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis.
They issued proceedings on 1 October but were unable to show any breach of. X-rays revealed development of pleural plaques, but these would remain asymptomatic.
Held: Material damage sufficient to set time running was the same as damage. Unreported 29 July ,  CLY Cited — Brunsden v Humphrey CA The defendant had negligently caused damage to a cab driver and his vehicle in the same accident.
The cab driver obtained damages for the damage to his vehicle. Held: He was not disentitled from bringing fresh proceedings for damages for.
She was at home at the time of the accident, but went to the hospital immediately when she had heard what had. Held: Neither the risk of future injury nor anxiety at the prospect of future injury is.
The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: Smith LJ dissenting The. Held: Employers have a duty to take reasonable care for the safety of their employees.
There are. Times Feb, Gazette Mar,  EWCA Civ 76,  2 All ER 1,  ICR ,  PIQR P,  Emp LR ,  IRLR , 68 BMLR Cited — Barber v Somerset County Council HL 1-Apr A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his.
The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for.
A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion.
The child was burned. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal,.
Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time.
Gazette Jun, Independent May, Times May, 92 LSG 33,  RTR ,  AC ,  2 All ER ,  UKHL 7,  PIQR P,  2 WLR ,  2 Lloyds Rep 95 Cited — Meikle v Sneddon The pursuers sought damages for the wrongful arrestment of their ship.
They claimed andpound; as solatium for injury to their feelings. But the only loss that had been actually sustained was the sum required to relieve the vessel from the.
The rule had to be applied with robust vigour in favour of the tenant unless the. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock.
Times Dec,  EWCA Civ ,  Lloyds Law Rep Medical Cited — White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the.
He brought an action of damages against his employers, and later convened as second defenders the manufacturers of the machine, who had. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as. The Society sought to recover the payments it had made from its compensation fund.
The defendant pleaded. The Lord Ordinary found that the pursuer who sought damages for pneumoconiosis did not begin to suffer from until The defendant replied that such plaques and pleural thickening were not a sufficient injury.
Held: The court could infer permanent. Cited by: Cited — Calvert v William Hill Credit Ltd ChD Mar The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction.
The defendant company had a policy for achieving responsible gambling,. She had communicated with her managers many times about the overload.
Other staff had resigned for similar reasons. Held: The pursuer. The samples were effectively destroyed when the fridge malfunctioned.
Each claimant was undergoing chemotherapy which would prevent them. The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed.
The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise.
They appealed against rejection of their challenge to the Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable.
The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence.
The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations. In the performance of his work he was required by the regulations to adopt certain precautions which Parliament had prescribed for the safety of those employed in coal mines.
But it is not correct to say that he was not acting for his master. The firing of the shots was the work which he was employed by the defenders to do.
His failure to take the precautions which Parliament has required of him did not take him outwith the scope of his employment. Accordingly, his acts were still within the area in which the vicarious responsibility of a master operates.
Lord MacDermott, Lord Porter  AC ,  1 TLR ,  95 Sol Jo ,  1 All ER England and Wales Cited by: Cited — Nicol v National Coal Board SCS The court considered a claim against his employer after the plaintiff suffered injury after a breach of safety regulations by a co-worker.
He appealed a strike out of his claim. Held: The appeal succeeded. ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach — Germany.
It is the responsibility of the National Court to ensure that the rules of Community law are fully effective. Cited by: Cited — Greenalls Management Ltd v Customs and Excise HL May Volumes of vodka were transferred from a secure warehouse to a carrier for export.
They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. She was the carer for her disabled son. Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the Act could.
Though heterosexual, he had been subject to persistent jokes that he was homosexual. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other.
He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office.
An earlier judgment had. It provided systems for recovering materials deleted from Nokia mobile phones. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their.
Leading Case Updated: 11 December ; Ref: scu. A worker was injured by a negligently driven crane. The hire contract made the driver the employee of the defendant stevedores.
Decisions of this kind depend on the particular facts and many factors may bear on the result. Considerations include: a the burden of showing that responsibility does not remain with the general employer is on the general employer and is a heavy one b by whom is the negligent employee engaged?
Who pays him? Who has power to dismiss him? Who is entitled to tell the employee the way in which he is to do the work upon which he is engaged?
In the Mersey Docks case, the stevedores had no responsibility for the way in which the crane driver drove his crane, and it was this which caused the accident.
The ultimate question may be, not what specific orders or whether any specific orders were given, but who is entitled to give the orders as to how the work should be done.
A fitter caused a flood acting irresponsibly. Held: The court reviewed the law of vicarious. He also sought to claim under the.
The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school.
The Court of Appeal had found. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability.
The doorman was supplied by a security company, which was now in liquidation. The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges.
Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured.
Where two fellow-servants combined to disobey an order deliberately though they knew the risk involved, a plea of volenti non fit injuria was a complete defence if the employer was not himself at fault and was only liable vicariously for the acts of the fellow servant.
In my view it must be held that he had. He knew that those better qualified than he was took the risk seriously. He knew that his employers had forbidden this practice and that it had then been prohibited by statutory regulation.
And he knew that his employers were taking strong measures to see that the order was obeyed. If he did not choose to believe what he was told I do not think that he could for that reason say that he did not fully appreciate the risk.
He knew that the risk was that a charge would explode during testing, and no shot firer could be in any doubt about the possible consequences of that.
Theory may well justify the existence of the concept, but it is hard to find guidance from any underlying principle which will weigh in the decision whether in a particular case a particular wrongful act by the employee should or should not be regarded as falling within the scope of the employment.
On these points, I have had the opportunity of studying in advance the opinions of your Lordships, and I wish to associate myself in particular with the opinion to be delivered by my noble and learned friend, Lord Pearce.
I do think it of great importance that the law should not in general allow a person to disqualify himself from the protection of a statutory duty imposed for his benefit, where there is any element of public advantage in upholding the duty.
But I do not think that this is a case in which that principle applies. Lord Pearce, Lord Hodson, Viscount Radcliffe  2 All ER ,  AC ,  UKHL 2 Bailii England and Wales Citing: Cited — Yarmouth v France CA Aug The plaintiff was employed by the defendant to drive carts.
Cited by: Cited — Lister and Others v Hesley Hall Ltd HL 3-May A school board employed staff to manage a residential school for vulnerable children.
The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was.
It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured.
He was injured when a safety rope,. It is the duty of the employer to consider the situation, devise a suitable system and instruct his employees what they must do and to provide appropriate equipment.
In leaving it to individual workmen to take precautions against an obvious danger, the employers had failed to discharge their duty to provide a reasonably safe system of work.
It is, I think, well known to employers, and there is evidence in this case that it was well known to the appellants, that their workpeople are very frequently, if not habitually, careless about the risks which their work may involve.
It is, in my opinion, for that very reason that the common law demands that employers should take reasonable care to lay down a reasonably safe system of work.
Employers are not exempted from this duty by the fact that their men are experienced and might, if they were in the position of an employer, be able to lay down a reasonably safe system of work themselves.
Workmen are not in the position of employers. Their duties are not performed in the calm atmosphere of a board room with the advice of experts.
They have to make their decisions on narrow window sills and other places of danger and in circumstances in which the dangers are obscured by repetition.
The risk that sashes may unexpectedly close, as the sashes in this case appear to have done, may not happen very often, but when it does, if the workman is steadying himself by a handhold, his fall is almost certain.
If the possibility is faced the risk is obvious. If both sashes are closed there is no longer the handhold by which the workman steadies himself.
If either sash is kept open the handhold is available and, on the evidence in this case, is, in my opinion, reasonably safe.
But the problem is one for the employer to solve and should not, in my opinion, be left to the workman. It can be solved by general orders and the provision of appropriate appliances.
On that matter the appellants say that their men are skilled men who are well aware of the dangers involved and as well able as the appellants to devise and take any necessary precautions.
That may be so but, in my opinion, it is not a sufficient answer. Where the problem varies from job to job it may be reasonable to leave a great deal to the man in charge, but the danger in this case is one which is constantly found, and it calls for a system to meet it.
Where a practice of ignoring an obvious danger has grown up I do not think that it is reasonable to expect an individual workman to take the initiative in devising and using precautions.
It is the duty of the employer to consider the situation, to devise a suitable system, to instruct his men what they must do and to supply any implements that may be required.
He had been injured removing a pamphlet from a high shelf, having stood on an upturned plastic box. ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein — Germany.
This applied equally to periods in which he would be entitled to rest. Such periods of inactivity were part and parcel of on-call duties.
There was a need for doctors to be available for emergencies and such rest could not be planned. European Citing: Cited — Sindicato de Medicos de Asistancia Publica SIMAP v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana ECJ 3-Oct Doctors working in primary health care teams are subject to the Working Time Directive.
They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health.
Cited by: Cited — British Airways Plc v Williams and Others CA 3-Apr ba-williamsCA The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the Regulations alone.
The Directive suggested that holiday pay should be at normal average rates of pay, but the. Gallagher v Alpha Catering Services Ltd .
Between loadings, they were on down time — not physically working, but required to remain in radio contact with their employers, and.
You'll be fine. The biggest issue you'll find is that some people will be reluctant to use their English even though its really fine. Of course Lörrach will not be a hot bed of English like other larger centers, but in a pinch I'd bet that most people will know enough to answer simple questions in English.
And almost anyone under 35 is conversant I find. Everyone is going to have a different response to that, but I find starting in German is best.
A good way is to start and appologize for your poor German, the usual response is "no, your German is good! Most conventions transfer over, but obviously use the Sie form if you're attempting German.
Shaking hand is definitely the norm in Germany. Others can answer about workplace norms as I've never worked in Germany. There's isn't an equivalent in Germany to Tim Hortons, unless you want to consider McCafe an attempt that that.
People generally get their coffee from their local cafe. Ordering a double double will get you no where.
Here's a discussion of ordering coffee in German. Opening a bank account requires two things: your passport and your completed Anmeldung form from the local Bürgeramt.
You can probably find a bank that will explain it in English. For transfers I would recommend XE Trade. It's what most expats use to move money around.
I use it to tranfer money from my Canadian bank to my German. Though you can't buy tickets for foreign trips it has an amazing time table Europe wide.
There are other websites but it would depend on what you want to do. Yes, transfers are easy. You won't be showing your ticket to anyone as you get on board unless it's a sleeper car.
The conductor will come through the train to check tickets after you've left. Most tickets are valid from your location to location within a time period I think a month from purchase , rather than a specific timed train.
So if you missed your train you can simply get on the next one. The exception here would be if you had seat reservations. You can always check the Bahn website, they list specials there.
Normally I'd recommend looking into a BahnCard but if you're only there for 4 months it probably wouldn't pay for itself.
The other exception to the rail ticket is if you purchase a special price ticket that is only good for a specific train usually for deals on long trips.
Upvote for Congstar. I have the same subscription for 20 Euros and I'm very happy with it. One can choose to be able to cancel the contract monthly which is ideal when the phone in Germany is required for 4 months only.
If you miss your train it depends wether you reserved a specific seat in your train, which is possible btw. Otherwise you should be able to just board the next one.
Normal everyday taxes are the VAT. Otherwise I have no idea how normal taxes work for you since youre only here for 4 month. And no idea about congstar.
Normally most people use lastschrift, where the company gets it right from your bank, without credit cards. For Congstar, for these monthly subscription, do they automatically deduct the bill from your credit card for example?
Like all phone companies, you will have to provide a German bank account where they will deduct the monthly payments the term for that is "Lastschrift".
I do not know if there are other possibilities like deducting from your credit card, at least they didn't offer that on their website when I was setting my Congstar account, but they might offer it when you call them.
Congstar throttles your bandwidth after a ridiculously low transfer volume MB? I've written a bit about the various providers in another comment.
Most work post- as well as normal pre-paid. Since you're not exactly in a sprawling metropolis, you may want to check availability of pre-paid vouchers for the providers you consider.
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