The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the Forestry Commission. He alleged that the Forestry Commission had assumed control over his work equipment (the Land Rover). The judge had said: ‘a householder who employs a contractor to do work on his home, and then sees the contractor using his equipment in a way which appears to be dangerous, is not in breach of Regulation 3 if he does not intervene.’
Held: The appeal failed. The Forestry Commission were plainly carrying on an ‘undertaking’ within the meaning of Regulation 3(4).
Judges:
May LJ, Richards LJ, Sir Paul Kennedy
Citations:
[2008] EWCA Civ 581, [2008] ICR 988
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998, Management of Health and Safety at Work Regulations 1999 9
Jurisdiction:
England and Wales
Cited by:
Cited – Kmiecic v Isaacs QBD 12-Mar-2010
The claimant sought damages after suffering injury when falling from a ladder working on the uninsured builder’s site. He sued the owners of the property, saying that by refusing to allow or pay for the work to be conducted in safer ways, she had . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Personal Injury, Negligence
Updated: 15 July 2022; Ref: scu.268000
