Legal Case Brief
Latimer v AEC Ltd [1953] AC 643
Law of Tort – Negligence – Duty of Care – Damages – Reasonable Person
Facts
The defendant Mr Latimer, worked in a factory owned by the defendants, AEC Ltd. The factory had become flooded due to adverse weather, which caused the floor to become very slippery. In response, the defendants mopped up, put out warning signs for a slippery floor and placed sawdust on the floor to make the area as safe as possible for the workers. The complainant was working on nightshift after the flooding and when he was moving a heavy barrel, the slipperiness of the floor caused him to fall. He fell on his back and the barrel proceeded to crush his ankle.
Issues
The trial judge had held that the defendants were in breach of their common law duty of care and were liable for damages. The defendants appealed this decision. The issues of this case surrounded the seriousness of the factory conditions and address the question; if all possible safety measures had been completed to protect workers, should the defendants have closed the factory down.
Decision/Outcome
The appeal was allowed. It was held that the defendants had not been negligent and they had taken all reasonable precautions that could have taken to minimise any possibility of risk to their employees. Thus, there was no breach of their duty of care and it was not reasonable to shut down the entire factory. This case states that an employer only had to take steps to minimise risk that a reasonable person would do in the circumstances.
Updated 19 March 2026
This case brief accurately summarises the facts, issues, and outcome of Latimer v AEC Ltd [1953] AC 643. The House of Lords’ decision remains good law and continues to be cited as an authoritative illustration of the negligence standard in the law of tort, particularly the proposition that an employer’s duty of care requires only the taking of reasonable precautions proportionate to the risk, not the elimination of all risk. The case is routinely referenced in academic texts and judicial decisions on the standard of care in negligence.
Readers should note that the statutory framework governing workplace safety has developed significantly since 1953. The Health and Safety at Work etc. Act 1974, along with regulations made under it (such as the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999), now imposes detailed statutory duties on employers. In modern workplace injury claims, these statutory regimes operate alongside common law negligence principles. However, the common law standard articulated in Latimer remains relevant, particularly where negligence claims are pursued independently of statute. The article is broadly accurate as a summary of the common law position.
