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Smith v Northamptonshire County Council
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Justis Editorial on 30 August 2011


Nature of liability for defective wheelchair ramp

The House of Lords handed down judgment in the case of Smith v Northamptonshire County Council [2009] UKHL 27 on 20th May 2009. The case concerned an accident sustained by the appellant, who was employed as a carer, whilst descending a wheelchair ramp. Having withdrawn other allegations, the appellant claimed the respondent was in breach of the Provision and Use of Work Equipment Regulations 1998 SI 1998/2306.

The House held, in a majority judgment, that the appeal should be dismissed. Having considered regulations 2 and 3 of the 1998 regulations, the House stated that the regulations could not be construed as imposing strict liability. The council had not owned or provided the ramp, and they had no duty to repair it. As such, if the appeal had been allowed the courts would be imposing responsibilities above and beyond what the regulations were intended to impose.

database/2012-05-17T23:28:48.2770127Z/3203443

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