Employers’ Liability Claims And The ERR Act

Breach Of Statutory Duty Health And SafetyLiability AWARE is Keoghs’ regular liability newsletter, covering the most current legal problems, productive situations, and news each from inside the firm and the wider insurance market. Authority employees agree, as portion of their contract of employment, to comply with their person duties under each the Well being and Safety at Work Act (as applied to the Isle of Man) and the Management of Health and Safety at Function Regulations 2003 and will co-operate with their Employer to enable him to carry out his health and safety duties beneath the Act.

Despite the fact that the Act does give for exemptions the only provision to date is a limited exemption for new and expectant mothers in relation to the Management of Wellness and Security at Work Regulations 1999 arising from a failure to assess those dangers which, could involve threat by reason of her situation to the well being and safety of a new or expectant mother.” (Reg16).

In the 2011 Reclaiming well being and security for all ” report published by Professor Löfstedt, the Government was urged to contemplate the matter of strict liability, a legal principle below which an employer could be identified liable to spend damages in respect of an accident notwithstanding the truth that he/she had taken all affordable actions to protect the employee.

In unique, Professor Löfstedt honed in on those regulations which imposed strict liability on employers, creating them liable for injuries suffered by their employees at function, regardless of the extent to which the employer in question had sought to comply with its well being and safety duties and no matter whether it had taken all reasonable measures to guard its personnel from harm.

As such, unless health and safety regulations especially mention civil liability, claimants have to prove that their employer has failed the test of prevalent law negligence, i.e. that of the affordable and prudent employer, taking good thought for the security of his workers in light of what he knows or ought to know” (Stokes v Guest, Keen and Nettlefold (Bolts and Nuts) Ltd 1968 1WLR 1776, at 1783).