Liability Risk and Insurance
Reduced share of liability
The Court of Appeal holds that the employer’s breach of the Manual Handling Operation Regulations 1992 was causative of the
claimant’s injury but reduced their share of liability. A man was employed to deliver plumbing goods to a construction site.
He was injured on a walkway, and at trial it was held that he was 60% to blame for the accident, and the construction firm
40%. The construction firm had issued a claim for an indemnity against the man’s employer. It was held that his employer was
in breach of the Manual Handling Operations Regulations 1992 for failure to provide him with suitable training. It was ordered
that they should indemnify the construction firm for two-thirds of their 40% share of his damages. The employer appealed the
decision.