“Employers need not close factories if reasonable safety precautions taken”
Following heavy rainfall, AEC's factory floor became flooded with water mixed with oil, creating slippery conditions. AEC spread sawdust on the floor and posted warnings, but there was insufficient sawdust to cover the entire factory floor. Latimer, an employee, slipped on an untreated area and was injured.
Whether an employer breaches their duty of care by continuing operations when they cannot eliminate all risks, despite taking reasonable precautions available to them.
The House of Lords held that AEC had not breached their duty of care. An employer is not required to close down operations if they have taken all reasonable precautions in the circumstances.
This case established the principle that employers must take reasonable care but are not insurers of their employees' safety, setting important boundaries for employer liability in negligence.
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OSCOLA Citation
Latimer v AEC Ltd [1953] AC 643 (HL)
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