McDermid v Nash Dredging Co [1987] 2 All ER 878

Written By Nicolas Heyes

House of Lords 

Basic Facts: The plaintiff was injured when the captain of a ship moved off before he had safely stored ropes, resulting in the loss of his leg. The captain was employed by a third party, not by the defendant. 

Issue: Is the duty to provide a safe system of work non-delegable? 

Held : Defendant liable despite the captain being employed by a Third Party (NB not a case of defective equipment).

  • Lord Hailsham: The duty to provide a safe system of work is non-delegable. 

  • Lord Brandon: The employer remains liable for any failure to implement a safe system of work, even if the failure was by an independent contractor or another employee. 

Key Points

  • Non-Delegable Duty: An employer cannot delegate the duty to provide a safe system of work. If the system is not followed and injury results, the employer is liable regardless of whether the system was safe or unsafe. 

Nicolas Heyes
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