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Posted By David.G.C
A debate with a client which i am sure one of you will be able to confirm for me.
Senario is this:
A contractor injured himself while unloading steel angle sections, injuries sustained where a laceration to the thumb on his right hand and severed the tendons. Contractor visited hospital for medical attention and subsequently unable to continue with his daily duties.
The question is this:
If the operative decides to make a claim who would be held liable prinicipal contractor or contractor and what would be the possible outcome for such a situation like this.
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Posted By Mark Talbot
David,
There are so many different permutations, and so little details of the accident in your post that it is very difficult to postulate.
One outcome = no negligence anywhere, no claim succeeds.
Another outcome = negligence everywhere, claim succeeds against both.
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Posted By David.G.C
what further information would you need.
There was no task risk assessment carried out.
and no safe system for handling/transfering the goods provided from his employer.
What i am trying to establish is the connection of liability between Principal Contractor and contractor when an incident occurs in these circumstances.
I understand that the Principal contractor should satisfy himself that all necessary controls are place prior to the activity to eliminate potential accidents. in this case it seems the PC did'nt and subsequently alowed the contractor to simple go about his business.
Am i going the wrong way with this.
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Posted By Ron Hunter
Your post possibly answers itself - you state the contractor "injured himself". He also owes a duty of care to himself, so he may be held at least partly responsible. Ultimately,only a court can decide.
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Posted By Steve Sanders
The facts as I see them are:
The IP is an employee of a Contractor, who is under contract to the Principal Contractor.
His employer has set him to work unloading steel section.
The employer has not carried out a risk assessment, or set up a safe system of work for this task.
This being the case, I believe the primary action would be against the contractor - the employer – for breach of statutory duty or negligence.As the PC is more of an overseeing and coordination role, and it is the employer duty to control his work force.Dependent on how the project was run generally an action against the PC would be a long shot?
Steve
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Posted By Helen Horton
Go back a bit to first principals - was a duty of care owed and if so by whom to whom? Was the duty breached? and Did the duty result in the injury?
If a case is brought by the injured person's Solicitor then it is likely that both the contractor and PC will be cited as jointly liable and then you would have to fight it out in court.
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