McDermid v Nash Dredging & Reclamation Co Ltd
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| McDermid v Nash Dredging & Reclamation Co Ltd | |
|---|---|
 | |
| Court | House of Lords |
| Citation | [1987] AC 906 |
McDermid v Nash Dredging & Reclamation Co Ltd [1987] AC 906 is an English tort law case, concerning a non-delegable duty of care.
The plaintiff lost his leg working on The Ina, a tug owned by Stevin, Dutch parent company of Nash Dredging. The plaintiff was employed by Nash who told him to work in The Ina. He tried to untie The Ina from mooring. Tug master, Captain Sas, moved vessel without waiting for plaintiff to give agreed signal, knocking twice on side of wheelhouse to indicate ropes safely on board. Plaintiff’s leg was caught up in the ropes.[1]
Judgment
The House of Lords held the employer liable.[2] Lord Hailsham said the ‘plaintiff’s claim... [is] based on the allegation ... of a ‘non-delegable’ duty resting on his employers to take reasonable care to provide a ‘safe system of work’...
the defendants had delegated their duty to the plaintiff to Captain Sas, the duty had not been performed, and the defendants must pay for the breach of their ‘non-delegable’ obligation.
Lord Brandon said: ‘Despite such delegation the employer is liable for the non-performance of the duty... For this failure by Captain Sas to operate the system which he had devised, the defendants, as the plaintiff’s employers, are personally, not vicariously, liable to him.’
