Toner v George Morrison Builders [2010] ScotCS CSOH_125 (16 September 2010)

Toner v George Morrison Builders [2010] ScotCS CSOH_125 (16 September 2010)

The defender had sufficient control over the ladder to be liable under Regulation 4 of the 1998 Regulations, as he constructed, placed, and left the unsuitable ladder available for use, and took no effective steps to prevent its use. This breach led to the accident. The pursuer, as an experienced roofer, was contributorily negligent to the extent of 50% for using an obviously unsafe makeshift ladder.

Citation
[2010] ScotCS CSOH_125
Parties
Pursuer: Jonathan Toner; Defender: George Morrison Builders
Jurisdiction
Scotland
Judgment Date
16 September 2010
Procedural Posture
Personal Injury Action / Liability and Contributory Negligence Determination
Outcome
Liability apportioned; defender liable subject to 50% contributory negligence by pursuer. Final order on damages and expenses reserved pending parties' agreement.
Legal Topics
Employer's Liability, Work Equipment Safety, Contributory Negligence, Control of Work Equipment
Personal Injury Health and Safety Employment Employer's Liability Work Equipment Safety Contributory Negligence Control of Work Equipment

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Parties

Jonathan Toner

Pursuer

George Morrison Builders

Defender

Procedural Posture

Personal Injury Action / Liability and Contributory Negligence Determination

Legal Issues

  1. 1 Whether the defender breached statutory duties under the Provision and Use of Work Equipment Regulations 1998 by providing or controlling unsafe work equipment (ladder)
  2. 2 Whether the pursuer was contributorily negligent in using the unsafe ladder

Ratio Decidendi

The defender had sufficient control over the ladder to be liable under Regulation 4 of the 1998 Regulations, as he constructed, placed, and left the unsuitable ladder available for use, and took no effective steps to prevent its use. This breach led to the accident. The pursuer, as an experienced roofer, was contributorily negligent to the extent of 50% for using an obviously unsafe makeshift ladder.

Court Disposition

Liability apportioned; defender liable subject to 50% contributory negligence by pursuer. Final order on damages and expenses reserved pending parties' agreement.