how’s it going? in this video I’m going
to take a look and share a couple of Court of Appeal decisions which are
actually good news for employers and good news for anybody who operates a
premises and who may from time to time be susceptible to a claim the personal
injury claim so for that though I want to feed my bird so I’m gonna have a look
here or I’m gonna get some board feet torched and I’ll show you how I feed
birds as you can see there a lot of little bird feeder each other feeding or
a flying off there and the biggest job I have is actually keeping the big birds
away from the feeder it’s the little birds I’m really concerned about not the
big ones and crows and Magpies and so on come along and they drag it so I got off
the branch that’s why I’ve tied it up with briquette wrapping there to prevent
them from dragging it off and once they drag it off the branch hits the ground
opens and Magpies and crows and all the big birds have a great time with it so I
try to prevent that so I have another feeder over here actually in a tree and
that’s what I’m gonna replace or replenish today so would have a look
there now so the other feeder I have is in this tree here and it’s in here and
this is where we’ve got a feed or we got a replenish note today and obviously
again I’ve tied it up with briquette wire in order to prevent the big boards
and dragging it down because they really do go to town on us so that’s what I do
know okay to resume the video that I was
making about the court of appeal decisions essentially it involved two
High Court decisions which had gone against don’t stores don’t stores have
policy of defending and fighting virtually all shames that are brought
against them and own stores are perfectly entitled to do that they’ve
got the money and they’ve got the resources and they may well take the
view – if this policy will discourage
frivolous litigants and certainly if anybody came to me looking to bring a
claim against owned stores there’s no problem no issue with that but I would
have to tell them that the case is probably not gonna settle that Donn’s do
seem to have a policy of fighting cases in any event in this particular case
what happened was a checkout operator had suffered an injury some sort of an
arm or shoulder injury because she apparently slipped on I think a plastic
bag or something some wrapper that was on the ground
around her checkout area and she’s won the case
personal injury claim the high court boss don’t appeal it to the Court of
Appeal and in the Court of Appeal decision Dunn’s are in the case don’t
give evidence of their security man walking past the particular checkout
operator station about five minutes before the accident and a
observing that there was no rapper on the ground there was no particular
reason there’s no bags or anything thrown on
the ground that might cause an accident or my car sorta slip and so for an
injury and the judge accepted that this particular system of operation biden’s
whereby the security man walking past would also have a sort of a health and
safety function in keeping an eye out for that sort of thing
the Court of Appeal accepted that that was a reasonable system put in place by
Don’s and consequently Don’s couldn’t be held negligent and consequently Don’s
won the appeal and the employee basically was considered to be the
architect of her own misfortune her own injury and therefore Don’s was negligent
the other case was similar it was a guy who stepped off a pallet I drink and he
got wrapped up or entangled in shrink wrap or some sort of plastic wrapping he
fell and suffered some sort of an industry as well the wound is claimed
with his case in the High Court Downes again appealed to the Court of Appeal
and the judge saying judge in the Court of Appeal made similar comments he
recognized that the employer has an obligation under common law under the
statute to say for the health and welfare work act to provide a safe place
of work etcetera cetera both the employee also under the
particular legislation also has an obligation to look out and have a guard
for his or her own safety and again in this situation it was given an evidence
that this particular employee who stepped off the palace and subsequently
suffered an injury had received health and safety training and so on and so
forth so again the gorge at tinker was george mcgovern not a hundred percent
the Court of Appeal decided that dunnsworth negligence and therefore
weren’t liable so to Court of Appeal decisions
same George bought situations where where the employer done sores
were held liable in the High Court put a 1 in the court of appeal and one in the
court of appeal on the basis very sensible basis that an employee or
indeed anybody has a certain obligation certain legal duty to exercise care for
their own safety yes the employer yes the premises holder
owner has the duty of care to all its users an employer has a duty of care to
us employees when employee also has duty of care to exercise common sense and use
the training that have been given and have a lookout for drones if any if you
go to my website employment rights Ireland’s calm they’ll put a link on the
neatest video to the blog post I’ve written a blog post about the two cases
of summarize the two of them and I’ve put links to the actual decisions from
the Court of Appeal it’s useful and it’s good news I suppose for employers
insofar as if the employer is not negligent if the employer has acted
reasonably if the employer has provided training if the employer provides the
safe method and the safe place of work and so on and so forth then the employer
may not necessarily be held negligent and held liable for any injury suffered
as a result hope you find this video useful if you do you might give it the
old thumbs up down below and thanks for the shares and the comments and the
likes and so on and so forth on my youtube channel the channel is growing
fairly well and considering am a one-man band making these videos with my mobile
phone I have over 4,000 subscribers now and it’s gone from strength to strength
and it gives me a good old kick to make the videos gives me a good kick to see
the growth to the channel and let’s say thanks to your support