Wheeler v Copes: QBD 1981

A labour-only subcontractor was provided with an inadequate ladder by the defendant. He was injured using it.
Held: The defendant was found liable.
However, Chapman J said: ‘The plaintiff puts his case to a considerable extent on the Occupiers’ Liability Act 1957, but it seems to me that there may be considerable difficulty in relation to that because the Act is dealing with an occupier. It is true that it covers moveable structures, such as vessels, vehicles and aircraft. I do not doubt that in appropriate circumstances it could apply to a ladder, but I see considerable difficulty in saying that once the defendant had handed the ladder over to the plaintiff and his partner for the purpose of the bricklaying the defendant was still the occupier of this ladder.’

Chapman J
[1981] 3 All ER 405
Occupiers’ Liability Act 1957
England and Wales
Cited by:
Distinguished on factsLeitch v Reid QBNI 27-Jun-2003
The claimant was injured falling from a ladder on the defendant’s farm. The ladder was home built.
Held: The ladder was kept by the defendants for maintenance purposes, and there was an implicit aagreement that the claimant should use it. The . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety, Land

Updated: 12 January 2022; Ref: scu.184178