Ryan Jones v Persimmon Homes Limited & Anor

Ryan Jones v Persimmon Homes Limited & Anor

Persimmon is liable for failing to observe and remedy the missing baseboard, which caused the ladder to move and resulted in the claimant's fall; Macob is not liable as it installed the baseboard at handover; the orientation of the clips was not negligent; the claimant was 50% contributorily negligent for failing to avoid the clips and for not reporting or remedying the missing baseboard.

Parties
Claimant: Ryan Jones; First Defendant: Persimmon Homes Limited; Second Defendant: Macob Scaffolding Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Civil / Judgment on Liability
Outcome
Persimmon Homes Limited liable to claimant, subject to 50% reduction for contributory negligence; Macob Scaffolding Limited not liable.
Legal Topics
Employer's Liability, Negligence, Contributory Negligence, Work at Height Regulations, Construction (design and Management) Regulations
Tort Occupational Health and Safety Construction Law Employer's Liability Negligence Contributory Negligence Work at Height Regulations Construction (design and Management) Regulations

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Parties

Ryan Jones

Claimant

Persimmon Homes Limited

First Defendant

Macob Scaffolding Limited

Second Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Was it negligent to install ladder clips facing outward?
  2. 2 Was the absence of a baseboard causative of the accident?
  3. 3 Did Persimmon exercise reasonable care and skill in inspection?

Ratio Decidendi

Persimmon is liable for failing to observe and remedy the missing baseboard, which caused the ladder to move and resulted in the claimant's fall; Macob is not liable as it installed the baseboard at handover; the orientation of the clips was not negligent; the claimant was 50% contributorily negligent for failing to avoid the clips and for not reporting or remedying the missing baseboard.

Court Disposition

Persimmon Homes Limited liable to claimant, subject to 50% reduction for contributory negligence; Macob Scaffolding Limited not liable.

Orders

  • Persimmon to pay damages to Ryan Jones, reduced by 50% for contributory negligence.
  • No liability attaches to Macob Scaffolding Limited.