Description
A first instance decision was overturned on appeal where the judge had found that the Defendant had breached its duty towards the Claimant by allowing rainwater to remain on the step of one of its buses. The Claimant had slipped on the rainwater which it was found had been caused by passengers getting onto the bus. The judge relied on the decision in Stark v The Post Office 2000 where it was held that the employer had an absolute duty to maintain the work equipment in an efficient state and in good repair. The Defendant argued that the mere presence of rainwater did not constitute a breach of duty. This argument was accepted on appeal. (An application for leave to appeal to the House of Lords is pending in this case).
