Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.

Suggestions

  • To establish that your employer is liable, you must show a causal link between your employer’s act or omission and the damage caused.
  • The test for this causal link is the ‘but for’ test.
  • However, the second injury has a new intervening act which has broken the casual link (or chain of causation).
  • Your decision to come down stairs without a hand rail or assistance is a novus actus inteveniens which has broken the casual link.
  • Although your employer is liable for your first injury, he/she is not likely to be held liable for your second injury.