Employer culpability in refusing to implement safety measure
Question 1:
A Sydney tramway passenger was injured in a collision with
another tram, which occurred after the driver collapsed at the controls. The
plaintiff argued that the collision could have been avoided if the tramway
authority had fitted the tram with a system known as 'dead man's handle,' a
system in use on Sydney's trains. This would have stopped
the tram and avoided the accident. The device had been rejected by the tramway
authorities because it was felt that it could cause drivers to become tired,
irritated and inefficient. There was no evidence of any similar device in use
on two-man trams anywhere in the world. Willthe plaintiff
succeed in his negligence claim? Explain your reasoning.
Question 2:
Jonas was employed by Rapid Couriers as a courier. His father
was employed at the same company and worked with his son. One day while making
a delivery, the son lost sight of his father, who was directing him, and
accidentally ran over him. Discuss whether the father would successfully
sue his employer.
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