Jurisdiction(s):
United Kingdom

Employers’ liability: no breach despite no specific risk assessment for new transporter; training and generic assessment adequate; causation failed—Ward v BCA Automotive Ltd [2026] EWHC 204 (KB)

Published on: 20 March 2026

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Ward and another v BCA Automotive Ltd [2026] EWHC 204 (KB) What are the practical implications of this case?

The judgment underscores that the existence of a breach of duty is intensely fact‑dependent. Demonstrating a single omission to undertake a risk assessment may not suffice, even where a reasonably careful employer would have done so. If there is an overarching assessment addressing the use of a category of work equipment, and the workforce already understands how to operate that category and has received appropriate training, an employer’s omission to complete a tailored assessment when a fresh piece of equipment of that category is introduced will not automatically amount to a breach. Although the employer was not found liable on these facts, the scenario stands as a clear warning for employers who neglect to perform a specific assessment when bringing in new equipment. The facts, however, remain a cautionary tale for employers introducing new equipment without a specific assessment in place...

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