In Blair v Chief Constable of Sussex Police, the Court of Appeal has reversed a decision that the police force was not liable for injuries sustained by a police officer whilst on an advanced motorcycle course as part of his training for the defendant.
Blair v Chief Constable of Sussex Police – Case Details
During the training course, the claimant was wearing Alt-berg boots which were standard issue to members of the force. The claimant had been required to ride off road on un-metalled tracks. Whilst negotiating parts of the track which were heavily rutted, he lost control of the motorcycle and fell over with the motorcycle landing on top of his lower leg. As a result, he broke his ankle and tibia.
The claimant alleged that the defendant provided him with unsuitable boots contrary to the Personal Protective Equipment Regulations 1992. The claimant alleged he should have been provided with motocross boots which were a stronger type of boot. The claim was dismissed at first instance and an appeal was allowed.
Pursuant to section 4(3) of the 1992 regulations, it was found that the judge at first instance had failed to pose the question of effectiveness of the boots. The Court of Appeal found that the boots were not effective to ensure the prevention of significant injury. It was therefore up to the defendant to plead and prove that the supply of the alternative motocross boot was not practicable. The court found that this issue had not been squarely addressed. The defendant was therefore found liable.
Personal Protective Equipment, or PPE, is equipment which can be used or worn to protect you from risks to your health and safety. PPE, which can range from respirators to safety boots and anti-vibration gloves, can be crucial around the workplace. Not only will it protect against those one-off accidents, but also those medical conditions which form over a period of time, known as industrial diseases.
How Nelsons Can Help
At Nelsons, we act on behalf of clients in relation to injuries sustained as a result of a lack of or inadequate PPE in the workplace. We are able to work for clients on a no win, no fee basis with our client receiving 100% of their compensation.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.