Freak or inexplicable accident defence fails

Although a school caretaker’s action for personal injuries against the employer council for leaving uneven paving slabs in the school site should be brought under regulation 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought his claim under regulation 12(3) alleging “obstruction” and the defence was simply that what had occurred was a freak or inexplicable accident which could never have been prevented or guarded against the judge was entitled to find against the council.