Williams v T.P. Wallace Construction Ltd. & Ors [2001] IEHC 231 (23 November 2001)

Williams v T.P. Wallace Construction Ltd. & Ors [2001] IEHC 231 (23 November 2001)

The plaintiff was not a visitor within the meaning of the Occupiers' Liability Act, 1995, but a trespasser, and the defendants did not act with reckless disregard. The premises was not made available to the plaintiff for work under the Safety Health and Welfare at Work Act, 1989. Therefore, no duty of care was breached and the plaintiff's claim fails.

Citation
[2001] IEHC 231
Parties
Plaintiff: Keith Williams; First Named Defendant: T. P. Wallace Construction Limited; Second Named Defendant: Crickley Roofing Limited; Third Party: Lindab Limited
Jurisdiction
Ireland
Judgment Date
23 November 2001
Procedural Posture
Personal Injury Claim / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Occupiers' Liability Act 1995, Safety Health and Welfare at Work Act 1989, Standard of Care, Visitor Status, Reckless Disregard
Tort Law Occupiers' Liability Health and Safety Law Negligence Occupiers' Liability Act 1995 Safety Health and Welfare at Work Act 1989 Standard of Care Visitor Status +1 more

Case Brief

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Parties

Keith Williams

Plaintiff

T. P. Wallace Construction Limited

First Named Defendant

Crickley Roofing Limited

Second Named Defendant

Lindab Limited

Third Party

Procedural Posture

Personal Injury Claim / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff was a 'visitor' or 'trespasser' under the Occupiers' Liability Act, 1995
  2. 2 Whether the defendants owed a duty of care to the plaintiff under the Occupiers' Liability Act, 1995
  3. 3 Whether the defendants owed a duty of care to the plaintiff under the Safety Health and Welfare at Work Act, 1989

Ratio Decidendi

The plaintiff was not a visitor within the meaning of the Occupiers' Liability Act, 1995, but a trespasser, and the defendants did not act with reckless disregard. The premises was not made available to the plaintiff for work under the Safety Health and Welfare at Work Act, 1989. Therefore, no duty of care was breached and the plaintiff's claim fails.

Court Disposition

Plaintiff's claim dismissed