Absolute Duty – complete, and without condition?

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Absolute Duty – complete, and without condition.
The Supreme Court has held that the Use of Work Equipment Regulations do not    impose an absolute duty on employers (Health & Safety Review, March 2015).
Case Law in Ireland since 2000 (Everitt v Thorsman) had held that that the Use of Work Equipment Regulations imposed a virtually absolute duty on employers. However this has been overturned by the Supreme Court which stated it was difficult to see what further steps could have been taken by Dublin Bus – the pneumatic suspension on a bus malfunctioned causing a loss of cushion effect, as a result of which the driver suffered neck and lower back injuries – to comply with the obligations under the regulations. The Court held the Regulations do not “impose absolute liability on the employer”.
The five-judge court delivered a unanimous judgment granting the appeal by CIE.


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