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Kennedy v. Accordia Services LLP [2016] UK SC 6

This is probably the most significant workplace safety case in the past 10 years. The pursuer was employed by the defenders as a peripatetic carer to carry out a series of visits during a very severe winter. It was argued successfully  at first instance that non slip footwear should have been provided. The Inner House gave this short shrift; the accident was basically a fact of life. The Supreme Court emphasised the importance of risk assessment. Once the risk of injury at work had been identified, protective measures were required to be put in place. The court also made observations about legitimate use of expert evidence. Space is restricted here to do the case full justice.   There is a full discussion on our Legal Blog at accidentlawscotland.com

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