Latimer v AEC Ltd

An employer is not negligent for failing to take precautions that would be out of proportion to the risk, such as closing down a factory.

Citation
[1953] AC 643
Court
House of Lords
Year
1953
Subject
Tort Law
Topic
Breach of duty

Facts

A factory floor was flooded after an unusually heavy rainstorm, and the water mixed with oil to make the floor slippery. The employers spread sawdust over most of the floor, but did not have enough to cover all of it. Mr Latimer, an employee, slipped on an untreated part of the floor and was injured. He claimed that the employers should have closed the factory until the floor was safe.

Legal principle

The House of Lords held that the employers were not liable. They had taken all reasonable precautions, and the risk was not so great that a reasonable employer would have closed the factory. Lord Tucker said that the question is whether a reasonably prudent employer would have closed the works, rather than expose employees to the risk. In deciding whether a defendant has acted reasonably, the court must balance the risk against the measures necessary to eliminate it, including their cost and practicality.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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