hello there in this video I’m going to
take a look as employers liability in negligence claims negligence is a civil
wrong with the tart and the legs of a personal injury for example that you
might have suffered in the workplace whether it was a physical injury or
whether it’s a psychological injury is essentially a negligence claim so you
would be claiming to prove your injuries and obviously you need to show causation
between the employer and your injuries the injuries you suffered in order to
prove that your employer was negligent so if you can do that well then you will
succeed with the personal injury teams we can’t do that you won’t this video’s
on look at employers liability and essentially what you need to know it is
probably more suitable for employer both obviously for employees it’s going to
give you a good steer on whether if you’ve suffered an injury or clearly
suffered an injury as a result of your employers conduct then it will give you
an idea after whether you might have a claim or not so essentially the whole
you know well established well-known principle that an employer or a usual
care to his employees what is the extent of that duty is clear this is an
important question an employer is not an insurer so you know and the player is
not required to guarantee that nothing can go wrong but he does have a fairly
owners curious clear the Julia Carey essentially or the standard of care will
have been discharged if he does what a reasonable and prudent employer would
have done in the circumstance ok so it’s an objective test it’s what a reasonable
bystander the reasonable person would say that is a prudent and reasonable
employer or they were reasonable actions that the employer took to try to ensure
that whisk it in our car so for an employee de and a winner claimed
in negligence to win a personal injury claim he must show the employer was in
breach of his well-established duty of care the courts have not however lay
down one single duty of care and he is that on the reasonable prudent employer
both courts have recognized that the duty of care will vary in circumstances
depending on the employees age experience knowledge and the risks
inherent in the particular type of work so obviously if the situation arises
with an employee who is a very very well experienced employee and there is not
much risk attached to the particular job and he’s been doing it for 20 years a
different standard will be placed on the employer into what circumstances versus
a young employee who has just perhaps graduated or qualified as an apprentice
and is carrying out risky work clearly there’s a higher duty of care on the
employer and all circumstances and it does come back to what a reasonable and
prudent employer do you need to be aware also that the employers liability in
negligence is a different thing from a breach of statutory duty by the employer
so an employer has duties under the health and safety acts for example and
various regulations so if he’s in breach of I of those regulations running those
provisions of the acts well clearly he’s in breach of statutory statutory
obligation that is a different matter from employers liability in negligence
course obviously she will be mainly you proceedings will then you can sue under
under both headings breach of statutory and in negligence an employer can be
held liable for physical injury psychiatric injury that is non physical
psychological psychiatric injury arising from the conditions in the workplace and
that can arise for example in a bullying claim
in a stress came in harassment claim you may claim to have suffered psychological
or psychiatric injury due to the employers failure to provide you with a
safe place of work and to provide you were keita book that was free from
bullying harassment or an overbearing stress the employer will also be liable
for property damage the assessment of the employers liability Daniel really
come down to four broad principles of four bra days one is an obligation on
the employer to provide competent staff to is to provide a safe place of work
three is an obligation to provide proper tools and equipment and four is to
provide a safe system of work these are the sort of things that a court would be
looking at in order to assess an employer’s liability in a claim for
negligence or a personal injury claim the employers negligence must have
caused injury so in order for you as an employee to succeed which came it is not
enough just to show that you’ve suffered an injury you must show causation
emotional connection between the employers conduct the employers
negligence and the injury that you suffered there’s also a question of
foreseeability was the injury foreseeable in other words if it was so
outrageously unpredictable and unforeseen it may be the case that the
employer that won’t be hard liable but generally certainly even though you may
be able to prove you suffered an injury you will have to prove that there is
causation or connection between the employers conduct a new injury that’s in
order to prove negligence deployers you he will be discharged if he does was a
reasonable and prudent employer would have done in the circumstances so that
is the reasonable employer sort of test that a court will apply to establish
negligence and the reasonable employer test is an objective test
set already it was a third party or an innocent bystander or an objective
bystander would say yes he had behaved reasonably that is reasonable is not a
subjective test and he discharged his duty of care if if he’s not on this then
he may be liable for an injury arising from that failure provided the
negligence his failure to discharge a huge of care caused the injury my name
is Terry gory I’m a solicitor and filled a contact details of their the screen if
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