James v Butler [2005] EWCA Civ 1014 (17 May 2005)

James v Butler [2005] EWCA Civ 1014 (17 May 2005)

The respondent failed to take reasonable care to secure the rafter, which fell and injured the appellant. The standard of care is objective and relates to the activity, not the actor's skill level. There was no evidence to excuse the respondent's error as reasonable. The respondent was in breach of duty and liable for the appellant's injury.

Citation
[2005] EWCA Civ 1014
Parties
Claimant/respondent: Raymond William James; Defendant/appellant: Alan Butler
Jurisdiction
England and Wales
Judgment Date
17 May 2005
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment for claimant
Legal Topics
Negligence, Standard of Care, Contributory Negligence, Personal Injury
Tort Law Negligence Standard of Care Contributory Negligence Personal Injury

Case Brief

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Parties

Raymond William James

Claimant/respondent

Alan Butler

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the respondent was negligent in failing to secure the rafter, causing injury to the appellant
  2. 2 Whether the standard of care should be that of a general labourer or a professional contractor
  3. 3 Whether the appellant was contributorily negligent

Ratio Decidendi

The respondent failed to take reasonable care to secure the rafter, which fell and injured the appellant. The standard of care is objective and relates to the activity, not the actor's skill level. There was no evidence to excuse the respondent's error as reasonable. The respondent was in breach of duty and liable for the appellant's injury.

Court Disposition

Appeal allowed; judgment for claimant

Orders

  • Claimant to have the judgment sum of £44,525.32
  • Appellant to have his costs in the Court of Appeal and 50% of his costs below, to be assessed if not agreed