Davie v New Merton Board Mills

[Bob Lewis]

Does anyone have any information on this specific case Thanks

[otto]

Davie was injured when a defective chisel shattered, but his claim failed when the employer showed that the quipment had been bought from a reputable supplier and that the injury was caused by a hidden defect over which they had no reasonable control. This was sufficient to discharge their duty.

The decision has since been overhauled by statute law - in the form of The Employers' Liability (Defective Equipment) Act 1968 which allows an injured employee to claim from the employer in the first instance because of some defect in the materials, equipment or plant.

Hope this helps
Otto

[Bob Lewis]

Thanks for the information, really appreciated