Thomas v Mark Amy Ltd. [1975] JJ 233 (02 June 1975)
Scaffolding erectors are jointly liable with the employer for negligent injury to an employee if their culpable failure to install a hoist safely partly causes the injury.
- Citation
- [1975] JJ 233
- Parties
- Plaintiff: Thomas; Defendant: Mark Amy Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 02 June 1975
- Procedural Posture
- Civil / Judgment
- Outcome
- joint liability established
- Legal Topics
- Workplace Safety, Employer Liability, Joint Liability, Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas
Plaintiff
Mark Amy Ltd.
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether scaffolding erectors are jointly liable with employer for negligent injury caused by defective hoist
- 2 Whether culpable failure to install hoist safely constitutes negligence
Ratio Decidendi
Scaffolding erectors are jointly liable with the employer for negligent injury to an employee if their culpable failure to install a hoist safely partly causes the injury.
Court Disposition
joint liability established
Full Case Text
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