Jones v Persimmon Homes Ltd & Anor [2024] EWHC 2597 (KB) (14 October 2024)

Jones v Persimmon Homes Ltd & Anor [2024] EWHC 2597 (KB) (14 October 2024)

Persimmon Homes Limited was negligent in failing to identify and remedy the missing baseboard during inspections, which caused the ladder to move and the claimant to fall; however, the claimant was 50% contributorily negligent for failing to report or remedy the missing baseboard and for not taking sufficient care...

Source-derived case information.

Citation
[2024] EWHC 2597 (KB)
Parties
Claimant: Ryan Jones; First Defendant: Persimmon Homes Limited; Second Defendant: Macob Scaffolding Limited
Jurisdiction
England and Wales
Judgment Date
14 October 2024
Procedural Posture
Personal Injury Workplace Accident / Liability Trial (quantum Not Determined)
Outcome
Claim against Persimmon Homes Limited succeeds subject to 50% reduction for contributory negligence; claim against Macob Scaffolding Limited dismissed.
Legal Topics
Employer's Liability, Work at Height Regulations 2005, Construction (design and Management) Regulations 2015, Contributory Negligence, Workplace Safety Inspections
Tort Health and Safety Employment Employer's Liability Work at Height Regulations 2005 Construction (design and Management) Regulations 2015 Contributory Negligence Workplace Safety Inspections

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ryan Jones

Claimant

Persimmon Homes Limited

First Defendant

Macob Scaffolding Limited

Second Defendant

Procedural Posture

Personal Injury Workplace Accident / Liability Trial (quantum Not Determined)

Legal Issues

  1. 1 Whether the absence of a baseboard under the ladder constituted negligence by Persimmon Homes Limited
  2. 2 Whether the orientation of ladder clips constituted negligence by either defendant
  3. 3 Whether Macob Scaffolding Limited was liable for the accident

Ratio Decidendi

Persimmon Homes Limited was negligent in failing to identify and remedy the missing baseboard during inspections, which caused the ladder to move and the claimant to fall; however, the claimant was 50% contributorily negligent for failing to report or remedy the missing baseboard and for not taking sufficient care descending the ladder. Macob Scaffolding Limited was not liable as it had installed the baseboard and handed over the scaffold in a safe condition.

Court Disposition

Claim against Persimmon Homes Limited succeeds subject to 50% reduction for contributory negligence; claim against Macob Scaffolding Limited dismissed.

Orders

  • Persimmon Homes Limited to pay the claimant damages reduced by 50% for contributory negligence; quantum to be determined.
  • Claim against Macob Scaffolding Limited dismissed.