Smith v Health Service Executive [2013]

Posted In: Case Law
  • Case Reference
    7 JIC 2602
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Health and Safety, Policies and Procedures
Issues covered: Employer Liability; Condoning Dangerous Practice; Evidence

The High Court’s recent decision in Smith v Health Service Executive will be of interest to both employers and those involved in litigation generally, for two reasons.

First, it confirms that although employers can be held liable for standing by and failing to intervene while employees engage in dangerous practices in the workplace, a court may reduce any award of damages given to an employee by reason of contributory negligence where the dangerous practice was commenced by the employee. This should serve as a reminder to employers of the importance of maintaining a robust health and safety at work policy and ensuring the compliance of its employees with it, but may also provide some

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 17/09/2013

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Anna Broderick

The main content of this article was provided by Anna Broderick . Contact telephone number is +353 1 664 4200 or email

View all articles by Anna Broderick