The decision of the Supreme Court in Kennedy v Cordia has just been issued. The decision assists claimants who, because of recent legislation have been unable to rely on statutory breaches in claiming damages, even though the same circumstances causing the injuries may have been led to successful criminal conviction.
The claimant, Mrs Kennedy was a home carer employed by the defender/employer to visit clients in their homes to provide personal care. In the winter of 2010 she suffered injury during the course of her employment when she slipped and fell on snow and ice on a path while on her way to visit a client. Among the precautions she said her employer should have implemented was to issue her with non-slip attachments for footwear - galoshes with spikes or cleats which were effective personal protective equipment (PPE).