The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. As to the owners, they did not breach any duty of care to notify the deceased or his employers of any warning received by themselves. The judge in this case had made findings of fact which were not open to him, and the appeals succeeded.
Citations:
[2006] EWCA Civ 1496, Times 22-Nov-2006, [2007] ICR 247
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – McArdle v Andmac Roofing Co and Others 1967
Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee . .
Cited – Bottomley v Todmorden Cricket Club CA 7-Nov-2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be . .
Cited – Makepeace v Evans Brothers (Reading) (A Firm) and Another CA 23-May-2000
Scaffolding is an ordinary piece of equipment on a building site. As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor. However, there may be occasions when such a duty of . .
Cited – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – S v Gloucestershire County Council CA 2001
The court considered the structure of a claim in negligence: ‘A negligence claim is habitually analysed compartmentally by asking whether there was (a) a duty of care; (b) breach of that duty and (c) damage caused by the breach of duty. But damage . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 08 July 2022; Ref: scu.246368