A door is not ‘equipment’—defective equipment claim against law firm fails (Chuhan v Dechert LLP)
PI & Clinical Negligence analysis: The judgment offers guidance on the meaning of ‘equipment’ under the Employer’s Liability (Defective Equipment) Act 1969 (EL(DE)A 1969), which imposes liability on employers for personal injury to their employees caused by defective equipment negligently manufactured by a third party. The court held that a fire door at the exit of the defendant solicitors’ firm’s office was not ‘equipment’ for this purpose. It dismissed a claim by an employee who had been injured when the door’s handle became detached. The judgment will be of interest to personal injury practitioners, especially given the lack of recent authority on the meaning of ‘equipment’ in EL(DE)A 1969. It contains a useful survey of previous authorities on that issue, as well as addressing the relationship between the ‘six-pack’ health and safety regulations and EL(DE)A 1969 and the impact of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) on the scope of EL(DE)A 1969. Written by Thomas Westwell, barrister at Devereux Chambers.