Ratio Decidendi
When assessing breach of duty, the seriousness of potential harm is a relevant factor. A greater risk of serious injury to a particular claimant may require greater precautions.
Fapte
Paris, a one-eyed man, was employed by the council as a mechanic. While hammering a bolt, a chip of metal flew into his good eye, blinding him completely. The council did not provide goggles, which was standard practice for two-eyed workers.
Rezumatul hotărârii
The House of Lords held the council liable. Although it might not have been negligent to fail to provide goggles to a two-eyed worker, the severity of potential harm to a one-eyed worker was much greater (total blindness vs partial impairment), requiring greater precautions.
Citate cheie
"The gravity of the harm which may be suffered by the workman is a relevant consideration in determining the precautions which the employer is bound to take."
— Lord Normand
Tratament ulterior
Cited as authority on the relevance of the severity of potential injury in breach of duty analysis.