A kitchen assistant was badly scalded when a water heater boiled over due to a
manufacturing fault in the thermostat. With reference to case law where appropriate, provide
notes to explain the civil and criminal law implications of this accident. (10)
Civil
Employer’s Liability (Defective Equipment) Act 1969 – liability on the employer for
injury caused by defective equipment – even though the fault lies with another party
entirely
o Redresses Davie v New Merton Board Mills Ltd 1959
o Does not preclude subsequent action for employer to recover damages from
manufacturer
Consumer Protection Act 1987 - Strict liability placed on manufacturers who have
duty of care to an end user
o Donaghue v Stevenson – relationship seldom needs defining by means of the
neighbour test
Employer directly liable only if it can be shown that they knew about the fault or
should reasonably have known about it and had allowed the equipment to be used
o Breach of statutory duty - PUWER 4-6 suitability of equipment, maintenance
and inspection
o Negligence - Wilsons & Clyde Coal Co Ltd v English – employer’s common
law duty to provide safe plant and equipment
Employer to manufacturer
o Sales of Goods Act 1979 – fit for purpose
o Consumer Protection Act 1987 – liability for damage caused by
defective goods
Criminal
Manufacturer of equipment
o HSWA Section 6 – Show that manufacture had failed to ensure sfairp that the
article was constructed so as to be safe, had failed to carry out appropriate
testing and/or had failed to take steps to ensure that the users were made
aware of any fault discovered
Employer
o HSWA Section 2 and PUWER