Common law torts and duties

The only tort (civil wrong) of real significance in health and safety is negligence. Negligence is the lack of reasonable care or conduct which results in the injury (or financial loss) of or to another. Whether the act or omission was reasonable is usually decided as a result of a court action. 

There have been two important judgements that have defined the legal meaning of negligence. In 1856, negligence was judged to involve actions or omissions and the need for reasonabie and prudent behaviour. In 1932, Lord Atkin said. 

It can be seen, therefore, that for negligence to be established, it must be reasonable and foreseeable that the injury could result from the act or omission. In practice, the Court may need to decide whether the injured party is the neighbour of the perpetrator. A collapsing scaffold could easily injure a member of the public who could be considered a neighbour to the scaffold erector. 

An employee who is suing his employer for negligence, needs to establish the following three criteria  

These tests should also be used by anyone affected by the employer s undertaking (such as contractors and members of the public) who is suing the employer for negligence. 

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