Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377
“Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought his claim under reg 12(3) alleging ‘obstruction’ and the defence was simply that what had occurred was a freak or inexplicable accident which could never have been prevented or guarded against the judge was entitled to find against the council.”
WLR Daily, 8th December 2008
Source: www.lawreports.co.uk
