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"Real life" cases of employers being held liable under civil law for contractors torts
Rank: Forum user
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Good Evening All,
I am doing a presentation on Thursday morning in relation to the importance of managing the supply chain and part of the presentation is in relation to legal consequences:
"Under civil liability, clients are usually only liable for the negligent acts or omissions of their own employees. However they can also be held liable for the "torts“ of both their contractors and their contractor's employees such scenarios including:
- Where a statute makes the occupier liable even though the contractor is at fault
- Where the work is carried out near a public highway
- Where the client is held to be liable for negligence of contractors engaged
- Where an employee of the client is injured by contractor's negligence but overall control rests with client
- Where the client ratifies the tort of the contractor
- Where the client does not exercise reasonable care in selecting a competent contractor
Do any "real life" examples or cases spring to mind with any fellow forum users that would fall into the above category or could point me in the direction of a website I could search?
I always prefer to outline such information with an example that people can relate to - the audience is mixed industry.
Thanks in advance, assistance always appreciated.
Best Wishes - Donna
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Rank: Super forum user
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Donna
Big question! I will start the ball rolling and hope others contribute.
The seminal Court of Appeal case of Viasystems (Tyneside) Ltd v (1) Thermal Transfer (Northern) Limited and Ors [2005] springs to mind. Prior to this case only the employer could be held vicariously liable for the negligent act of an employee. However, the Viasystems case found that two 'employers' were both entitled to exercise control over the relevant act, so both were vicariously liable for the employee's negligence. The Court of Appeal also held that the measure of control was equal in this case and therefore both employers should contribute 50 per cent of the total award.
Ray
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Rank: Super forum user
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Rank: Super forum user
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donnaf
Try these and the link at the bottom may help you.
Where an employee of the client is injured by contractor's negligence but overall control rests with client
Mersey Docks & Harbour Board v. Coggins & Griffiths (Liverpool) Ltd. [1947]
Where the client ratifies the tort of the contractor
R v British Steel Plc [1994]
Where the client is held to be liable for negligence of contractors engaged
Wilsons & Clyde Coal Co. Ltd v English [1937]
Where the client does not exercise reasonable care in selecting a competent contractor
R v Associated Octel Co Ltd (1996)
http://www.safetyphoto.co.uk/subsite/index.htm
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Rank: Forum user
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Thanks very much fellow forum users information much appreciated as always!
Donna
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Rank: New forum user
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Donna,
Also have a look at McDermid v Nash Dredging Co 1987
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"Real life" cases of employers being held liable under civil law for contractors torts
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