HOME OWNER NOT LIABLE FOR INJURY TO CASUAL WORKER

In the personal injury compensation case of Tomasz Krysztof Kmiecic v Nadia France Isaacs decided on 12th March 2010 a householder was found not liable under statutory regulations or in negligence when a casual worker fell and sustained injury at her property.

The claimant claimed damages for personal injury after falling from a ladder while trying to repair a leaky garage roof at the defendant’s home.  The defendant prohibited the claimant from gaining access to the roof by the window in her son’s bedroom as she did not want him to walk through the house on the white carpets.  Subsequently it was decided he should use a step ladder that was in the garage, but it was too short and whilst climbing the ladder, it slipped and the claimant fell sustaining injury.

The claimant claimed that by her actions, the defendant exercised control over the way the work was carried out and that the claimant owed a duty to him under statutory regulations.  It was held by the Court that the defendant had not assumed control over the claimant in the way of being able to direct how he carried out the work.  She was entitled to impose limits on the access to her property and did this as an occupier and this was the extent of any control she exercised over the claimant.  She did not have any control over him as an employer might have done.

COMMENT:-

This case shows that a householder’s wishes do not amount to “control” over a casual worker.  Accordingly she was not acting as an “employer” and the claim failed.  The claimant was driven to sue the defendant because he could not sue his actual builder employer as he did not have any employer liability insurance.  The actual employer had clearly failed to equip him for the job and had he had insurance then a claim against him would almost certainly have been successful.

If you employ jobbing builders ensure you check that they have insurance for their employees and public liability cover generally.  You may not be as fortunate in avoiding liability as this defendant was.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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This entry was posted on Thursday, June 3rd, 2010 at 11:51 am and is filed under 1. ALL NEWS ITEMS, Claims issues, Work accidents, Work equipment, Working at height.