“Employers must provide extra protection for disabled workers”
Paris was employed by Stepney Borough Council as a garage hand and had sight in only one eye. While removing a bolt from a vehicle, a metal splinter flew into his good eye, causing total blindness. The council had not provided safety goggles, though they were aware of his disability.
Whether an employer owes a higher duty of care to an employee with a pre-existing disability than to a normal employee, and whether the standard of care should be measured objectively or by reference to the particular employee's circumstances.
The House of Lords held that employers owe a higher standard of care to employees with known disabilities or vulnerabilities. The duty of care is measured by reference to the particular circumstances of the individual employee, not just the reasonable person standard.
This case established the principle that the duty of care in negligence is tailored to individual circumstances, particularly important for disabled employees. It remains a cornerstone of employment law and health and safety obligations.
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OSCOLA Citation
Paris v Stepney Borough Council [1951] AC 367 (HL)
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