Dr Nicholas Bevan

Dr Nicholas Bevan

Wednesday, 13 November 2013

Nursery liable for back injury caused by defective cot mechanism

Cooper v Bright Horizons Family Solutions Ltd [2013] EWHC 2349 (QB)

This claim predates section 69 of the Enterprise and Regulatory Reform Act 2013 that removed the actionability of breaches of health and safety legislation.  It is based on breaches of the Provision and Use of Work Equipment Regulations 1998 and the Manual Handling Operations Regulations 1992.

However, it is one of those cases that would probably have succeeded in common law negligence as the trial judge found there had been a real and foreseeable risk of injury to the claimant in stretching over the high sides of a cot to lift out a baby.  The cot was designed for the sides to slide down but the mechanism was broken.

My full commentary and analysis is Published in Butterworths Personal Injury Litigation Service Bulletin issue 112.

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