A hospital had recently put in place a rule that no nurses were to wear any form of necklace, because of fear that a patient would grab at a necklace being worn when lifted. Julienne continued to wear her necklace although she his it under her uniform. She was struggling to life a particularly difficult patient and in the struggle her necklace came out from under her uniform, and the patient pulled it. This resulted in Julieene suffering cuts and bruises to her neck. Who is liable for the injury and why? Please can you reference specific employment Law and recent Case Law
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me if she signed any agreament
Sorry just to be clear we won't be able to provide case law as that would involve detailed research and this is not what this site is for unfortunately - we provide a Q&A service but for the current value especially we would not be able to spend time looking at specific case law and can only discuss the general legal position, if that is ok?
No she didn't sign any agreement
Hi, the person who would be responsible for the injury would initially be the person who caused it, that being the patient. The employer will not be liable unless it can be shown that they had acted negligently in any way, for example by not dealing with certain risks which led to this incident or by ignoring safety procedures which led to the accident occurring, although I cannot see that being the case here. Nevertheless they could have some insurance in place which could cover such injuries so it is worth checking with them.
However, at the same time the employee would likely be liable for contributory negligence because she chose to wear the necklace when they were specifically requested not to. So if they try and claim, any compensation could be significantly reduced to reflect their contributory negligence in this scenario because they chose to ignore specific safety rules and as a result ended up getting injured. This is common in personal injury cases, for example where a driver who does not wear a seatbelt gets into an accident that was not their fault, any compensation they get could be reduced to reflect the fact they had contributed to the injuries by not following established rules.
Hope this clarifies your position? If you could please let me know that would be great, thank you