As with all negligence claims, the claimant must prove:
- That the defendant (in this case, the employer) owed them a duty of care;
- That this duty was breached; and
- That the claimant was injured as a result of the breach. (see Causation (law); Causation in English law).
In order for such a duty to exist, the injury to the claimant must be "reasonably foreseeable", meaning, for example, that the type of employment must be one in which an unfit employee could cause harm of the type which occurred, and the claimant is the type of person to whom such harm would be a "reasonably foreseeable consequence".
Read more about this topic: Negligence In Employment
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