Burgess v Plymouth City Council, [2005] EWCA Civ 1659 Court of Appeal on 30th December 2005

The employee was a dinner lady and cleaner at a school in Plymouth. She was was injured while doing cleaning work. She was awarded damages but the court applied a reduction of 50% for contributory negligence. The employer appealed. The Court of Appeal held that if the employer's systems had operated correctly the accident would never have occurred, found no error of law and dismissed the appeal.

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