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 taken control over the works and made herself responsible, pointing to differences in the regulations.
Held: Swift J said: ‘The 2005 Regulations apply, in the case of a non-employer, to ‘work by a person under his control, to the extent of his control’. The 1996 Regulations impose a duty on a non-employer who ‘controls the way in which the construction work is carried out by a person at work’ to comply with the Regulations ‘insofar as they relate to matters which are within his control’ . . the defendant did not assume control over the claimant, in the sense of being able to direct how he carried out his work. She was entitled to – and did – impose limits on (and thereby control) his access to her property, by refusing him entry to the house for the purpose of gaining access to the roof. She did that in her capacity as an occupier, not as a person controlling the way in which he carried out his work.’ The defendant did not owe the duty claimed, his employer did.

Swift J
[2010] EWHC 381 (QB)
Work at Height Regulations 2005, Construction (Health, Safety and Welfare) Regulations 1996, Provision and Use of Work Equipment Regulations 1998
England and Wales
CitedJennings v The Forestry Commission CA 23-May-2008
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 . .
CitedMccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety, Construction

Updated: 11 November 2021; Ref: scu.402624