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Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers

05/02/18. In a case where the claimant alleges breaches of an employer’s duties under the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulations 1992 and of its common law duty of care, in relation to an injury caused by lifting an object, the Claimant must first prove that there was a real risk of injury before deciding whether there was any breach of duty.

Background

The Claimant was employed by the Defendant Trust as a Community Midwife. On 28thMay 2010, in the course of her employment, she suffered an injury to her back; she was lifting a plastic carry case that contained an oxygen cylinder and some ancillary equipment (“the case”). It was agreed that the case weighed between 7.5 and 8 kgs.

The Claimant brought a claim for personal injury alleging the Defendant’s breach of the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulations 1992 and of its common law duty of care...

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