Smith v Health Service Executive Posted In: Case Law
Case Reference7 JIC 2602
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionHealth and Safety, Policies and Procedures
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
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