Latimer v AEC Ltd [1953] AC 643 (HL)

Facts

• Mr. Latimer, the claimant, was injured at work in a factory operated by AEC Ltd after a severe weather event caused water to inundate the floor, making it slippery.
• The defendants took measures to mitigate the risk: clearing water, placing warning signs, and spreading sawdust to improve traction.
• Despite these precautions, Mr. Latimer slipped while moving a heavy barrel during a night shift; the barrel fell on his ankle, causing serious injury.
• The trial judge initially found the defendant liable for breach of duty, but the decision was appealed.
• The case raised questions regarding the extent of an employer's duty to ensure workplace safety and whether the factory should have been closed due to the hazardous conditions.

Issues

1. Whether AEC Ltd breached its duty of care by failing to take further precautions, such as closing the factory, in response to the slippery conditions.
2. Whether the actions taken by the defendant were sufficient to meet the standard of a reasonable employer under the circumstances.
3. To what extent financial cost and practical feasibility influence what is required to avoid a finding of breach of duty.

Decision

• The House of Lords overturned the trial judge’s decision and ruled in favor of AEC Ltd.
• It was held that the defendants’ actions—cleaning the floor, providing warnings, and spreading sawdust—amounted to all reasonable precautions required under the circumstances.
• The court rejected the claimant's argument that the factory should have been closed, describing such action as excessively burdensome and financially impractical.
• The judgment confirmed that an employer is not required to implement every conceivable safety measure, particularly if it entails unreasonable cost.

Legal Principles

• Breach of duty is determined by whether the defendant acted as a reasonable person would under the circumstances, not by enforcing a strict liability or automatic requirement of complete safety.
• Financial cost and practicality are relevant but not exclusive considerations in assessing reasonable precautions.
• The so-called "Simple Principle" or cost-benefit analysis (e.g. B<PL, as posited in United States v Carroll Towing) is a helpful framework, but not a strict legal test in English negligence law.
• Courts may consider broader factors such as social utility, professional standards, and context when determining breach (e.g., judicial recognition in Daborn v Bath Tramways, Mullin v Richards, Bolam v Friern Hospital Management Committee, and Montgomery v Lanarkshire Health Board).
• Full elimination of risk is not required; the law favors a balanced, circumstance-specific approach to reasonable care.

Conclusion

Latimer v AEC Ltd [1953] AC 643 established that breach of duty in negligence is not simply determined by whether risk could have been further reduced, especially where it would entail excessive cost or impractical measures. The standard is reasonableness based on the circumstances, considering financial and practical realities, as well as wider factors including social utility and professional norms. The House of Lords' decision remains a leading authority confirming the context-specific, balanced approach to identifying breach of duty.