Rank: New forum user 
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Employer has member staff injured whilst delivering beer barrels to a hotel, concrete ramp in poor condition and he tripped on poor surface and fell injuring shoulder. Employer now has no win no fee lawyer chasing them for claim. How much liability does the employer have and what about the hotel? - K
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Rank: Super forum user
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Employer has a duty form employers safety arrangements e.g. to ensure the task has an RA and if required SSoW - this would include measures for reporting any issues with the working environment.
Hotel has the duty to maintain a safe environment for any working activities.
I would suggest that in this situation liability will attach to the hotel but there may be contrib from the employer - e.g. how long has the ramp been defective, had the employee reported this, these are only suggestions as no claim is ever the same and I'm trying to provide a broad response without the full details.
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Rank: New forum user
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Rank: Forum user
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mcging
Agree with reply already posted, but would add:
I would recommend that the employer should passes all relevant details onto there insurers and let them deal with it. I personally would and do not get involved in corresponding with any claimant’s solicitors, but let our liability insurer’s deal with them. I just provide the info requested from our own insurers.
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Rank: Forum user
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Ooops....
should passes :-(
should have been should pass................. oh for an edit button
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Rank: New forum user
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Thanks folks - yes will pass on to insurers and let them deal with. I fancy a battle with one of those no win mob. Tried before to get a scaffold erected in court but our lawyer wouldn't wear it! I reckon I had them but there you go
thanks for replies
mcging
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Rank: Super forum user
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Totally agree with previous posting about sending all documentation to insurer.
Some employers do not realise that buried in the small print of most if not all EL policies is a condition that the employer vests the handling of any claim to the insurers. Thus employers should simply pass on any correspondence to their broker who will in turn send to insurer. Do not even bother to acknowledge.
Employer has the primary laibility hence claim is made against them in first instance. Insurer will decide if other parties can/need to be involved. I would suggest - on basis of what was posted - if there was a clear defect in the premises (where delivery was being made) then all of liability will pass to hotel. Thus it will end up as a claim against their PL insurance.
There was a similar claim where a healthcare worker employed by Northants CC (I think) suffered injury on a ramp outside a service users house. I'm sure it was held that the employer was not responsible for the condition of the ramp.
Phil
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