Law of Tort
Employers Liability
Introduction
A company owes obligations to a variety of persons affected by the way in which their business is conducted. For example if a business is involved in the manufacture and distribution of materials, then duties related to dangerous products will be applicable; or if a business is involved in providing a professional service, then professional negligence principles will apply. The same kinds of principles are also relevant to the considerable body of law that is concerned with employer’s liability. Employer’s liability deals with the responsibilities of employers for torts or occupational injuries suffered by employees arising from an employer’s negligence in the existence of an employment relationship. Prior to this body of law that now exists the law was slow to impose new rules of liability in negligence by employers, in relation to injuries sustained by there employees. This meaning there was very little protection for employees within the work place in regards to health and safety and also, in addition to this, very strong defences existed for employers if a claim were to be made, for example the defence of common employment which has since been abolished . This all changed largely due to the introduction of legislation such as the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and also due to the result of developments within the common law system itself. This which is now the largely settled law that an employer owes a duty of care to their employees to prevent injury under his/her control or obligations owed to employees, in respect of hazards that may arise within the workplace. Prior to Donoghue v Stevenson[1] negligence, It was accepted that employers owed a personal duty to exercise reasonable care for their employee’s safety, in Smith v Charles Baker & Sons[2] the duty was considered to be an implied obligation in the employees contract in some cases, but now it is widely...