Bhatt v Fontain Motors Ltd [2010] EWCA Civ 863 (27 July 2010)

Bhatt v Fontain Motors Ltd [2010] EWCA Civ 863 (27 July 2010)

The employer breached regulations 6(2) and 7(2) of the Work at Height Regulations 2005 by failing to avoid work at height when it was reasonably practicable to store goods elsewhere and by failing to provide appropriate work equipment (a fixed ladder). These breaches exposed the claimant to an unacceptable risk and were causative of the accident. The claimant's failure to follow the prescribed procedure amounted to contributory negligence but did not absolve the employer of liability.

Citation
[2010] EWCA Civ 863
Parties
Respondent/claimant: Harsukhray Bhatt; Appellant/defendant: Fontain Motors Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed
Legal Topics
Work at Height Regulations 2005, Employer's Liability, Contributory Negligence, Selection of Work Equipment, Reasonably Practicable Standard
Employment Law Health and Safety Law Personal Injury Work at Height Regulations 2005 Employer's Liability Contributory Negligence Selection of Work Equipment Reasonably Practicable Standard

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Parties

Harsukhray Bhatt

Respondent/claimant

Fontain Motors Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the employer breached the Work at Height Regulations 2005 by requiring storage and retrieval of goods at height without adequate safety measures
  2. 2 Whether the breaches were causative of the claimant's injury
  3. 3 Whether the claimant was wholly or partly to blame for the accident (contributory negligence)

Ratio Decidendi

The employer breached regulations 6(2) and 7(2) of the Work at Height Regulations 2005 by failing to avoid work at height when it was reasonably practicable to store goods elsewhere and by failing to provide appropriate work equipment (a fixed ladder). These breaches exposed the claimant to an unacceptable risk and were causative of the accident. The claimant's failure to follow the prescribed procedure amounted to contributory negligence but did not absolve the employer of liability.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant on liability subject to one-third reduction for contributory negligence
  • No interference with the trial judge's apportionment of responsibility