Ratio Decidendi
An employer is not required to close down a factory to eliminate a risk if reasonable steps short of closure have been taken. The cost of precautions must be proportionate to the risk.
Fapte
Flooding caused the factory floor to become slippery. The employer spread sawdust over most of the floor, but there was not enough to cover all of it. Latimer slipped on an uncovered area and was injured.
Rezumatul hotărârii
The House of Lords held the employer was not negligent. The employer had taken reasonable steps by spreading sawdust. The only way to eliminate all risk was to close the factory, which would be disproportionate to the risk involved.
Citate cheie
"The only other precaution which the respondent could have taken was to close down the factory. In my view, it would be quite unjustifiable to hold that the respondent was under any obligation to take that step."
— Lord Tucker
Tratament ulterior
Cited as authority on the cost/benefit analysis in determining breach of duty.