Alison Dugmore and Swansea NHS Trust and Morriston NHS Trust
Issue
Personal injury, negligence, claim for damages, breach of duty
Court:
Court of Appeal (Civil Division)
Act, Regulation or Reference:
Control of Substances Hazardous to Health ('COSHH') Regulations 1988 and 1994
Date: 1997
Facts
Ms D's claim for damages on the grounds that her allergic
reaction (eczema) by having to use latex gloves during her
employment as a nurse was dismissed in the Cardiff County Court.
The dual claim was for negligence, and under the Control of
Substances Hazardous to Health ('COSHH') Regulations 1988 and 1994.
It raised an issue of some importance, for nurses and others, in
regards to the correct interpretation of those regulations and the
extent of the duty they impose.
Ms D appealed that decision.
The Decision
It was recognised in medical circles that latex could cause an
allergic reaction in certain individuals and the provisions of the
COSHH regulations placed an absolute duty on employers to ensure
that exposure to such substances is prevented or controlled.
In the judge's opinion the Swansea NHS Trust hospital had failed to
do that and allowed the claimant's appeal with costs.
With regard to the appeal against the decision to dismiss her claim
against Morriston NHS Trust, the judge found that by the time that
the claimant got to Morriston, she had already been sensitised to
latex during her previous
employment at Singleton hospital in Swansea. He found that Morriston
would in any event only be liable for the pain and suffering arising
out of the an anaphylactic attack she suffered from handling a box
that had contained these
gloves.
He said , “All the claimant's damage flowed from the sensitisation
for which Singleton are responsible. We would allow the appeal
against them.”
Notes
Larner v British Steel plc [1993]
Williams v Farne Salmon & Trout Ltd [1998]
Knox v Cammell Laird Shipbuilders Ltd [1990]
Wallhead v Ruston & Hornsby Ltd [1973]
Brooks v J & P Coates (UK) Ltd [1984]
Morrison v Central Electricity Generating Board [1986].
Bilton v Fastnet Highlands Ltd [1998]
Mains v Uniroyal Englebert Tyres Ltd [1995]
Adsett v K & L Steelfounders & Engineers Ltd [1953]
Richards v Highway Ironfounders (West Bromwich) Ltd [1955]