ABSTRACT

My Lords, this appeal relates to the construction of s 1 of the Employer’s Liability (Defective Equipment) Act 1969. The facts are simple. The respondent was employed by the appellants as a labourer flagger repairing a pavement in a Liverpool street. While he was manhandling a flagstone into the shovel of a JCB the corner of the flagstone broke off causing the stone to drop with consequent injury to the respondent’s finger. The breakage occurred because the manufacturers, who were not the appellants, had failed to cure it properly. This defect could not reasonably have been discovered before the accident.