header-logo header-logo

A hit at work

14 April 2011 / Keith Patten
Issue: 7461 + 7462 / Categories: Personal injury
printer mail-detail

Keith Patten explores the difficulties involved in an employee suing their employer for an injury sustained in an attack at work

There are many workers who face the threat of assault in the course of their employment. In general the courts have been reluctant to find employers liable in negligence for injuries sustained in such assaults. In part this stems from underlying policy concerns to do with the nature of negligence law itself.

To a large extent, the modern law of negligence grew out of 19th century liberalism and notions of personal responsibility. Ideas of corrective justice are comfortable imposing liability on defendants for injuries which they have clearly caused. There is a reluctance to impose such liability where the direct and immediate cause is third party conduct, particularly where that conduct has elements of criminality (whether or not the assailant was, in fact, capable of forming the necessary mens rea of any offence).

Vaile v London Borough of Havering

The issue of an employer’s liability in negligence for the injuries suffered

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll