Breach of Manual Handling Regulations

The claimant, a nurse, decided to bathe a female patient. She transferred the patient into a hoist and wheeled the hoist to the end of the bath. The bath stood on plinths which were set back from the end of the bath. As she pushed the hoist forward the hoist suddenly stopped. The claimant suffered a back injury. At first instance the claim was dismissed on the basis that the failure to risk assess, although in breach of the Manual Handling Regulations, was not causative of the accident. The claimant appealed.