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Sinead  
#1 Posted : 16 March 2012 14:39:58(UTC)
Rank: Forum user
Sinead

Any thoughts on this scenario? An self-employed electrical contractor was working on a machine in a customers warehouse. Through his own fault, the machine started and he subsequently lost half a finger. Does the contractor have any basis to claim for his injury from the owner of the machine? Or as a qualified professional should he have known better and will just have to suffer the consquences? Thanks.
DaveDowan  
#2 Posted : 16 March 2012 14:48:50(UTC)
Rank: Forum user
DaveDowan

Hi Sinead It will always depend on the circumstances, however if it can be proved that the contractor is competent and it was his fault then I doubt he would win a claim .
Sinead  
#3 Posted : 16 March 2012 15:00:24(UTC)
Rank: Forum user
Sinead

Dave, That's what I was thinking as well. Cheers.
HSSnail  
#4 Posted : 16 March 2012 15:16:20(UTC)
Rank: Super forum user
HSSnail

As Dave said initially it depends on the circumstances. Just because the contractor is a qualified electrician how much did he know about the mechanical operation of the equipment? Did the warehouse owners have a lockout procedure for the equipment during maintenance? Was the contractor briefed in these procedures? Too little information to say it was all the contractors fault at this stage.
Kate  
#5 Posted : 16 March 2012 15:16:21(UTC)
Rank: Super forum user
Kate

The contractor being at fault doesn't preclude the client from being at fault as well, in which case there could still be a claim. Did the client have any responsibilities for isolation, supervision, or provision of information that they failed in?
paul.skyrme  
#6 Posted : 16 March 2012 22:17:54(UTC)
Rank: Super forum user
paul.skyrme

Being an electrician does not mean competence in all areas of electrical systems. There will be more to this than meets the eye. However, the "electrician" should have been sufficiently competent to avoid this issue in the first place, if he actually was competent to undertake the works.
paul.skyrme  
#7 Posted : 16 March 2012 22:18:28(UTC)
Rank: Super forum user
paul.skyrme

Oh, forgot, if he was not competent to undertake the works then the client will be at fault for not selecting a competent contractor!...
RayRapp  
#8 Posted : 16 March 2012 23:36:13(UTC)
Rank: Super forum user
RayRapp

If the contractor has ELI then he would be able to make a claim, otherwise he would be relying on the employers negligence via a civil claim. Even if the contractor was partly negligent it would not in itself prevent him from winning a claim, contributory negligence may reduce a percentage of the amount awarded.
Canopener  
#9 Posted : 18 March 2012 19:44:40(UTC)
Rank: Super forum user
Canopener

I would generally agree with the other posts. Anyone can make a claim, although whether this is successful or not will depend on the individual circumstances of the case and/or whether ‘somebody’ either accepts liability or is found liable. As has already been said there could be contributory negligence, which is in effect t and indication that there was also some degree or element of ‘fault’ on the part of the claimant. However, I don’t believe that it follows that the fact that the contractor has ELI or not is material to whether you can make a claim or not. Surely the purpose of ELI is to pay out on behalf of the policyholder in the event of a successful claim i.e. if liability is accepted or ‘found’. It seems to me that the usual rules apply; was there a duty owed? Was the duty breached? Did the breach result in injury or loss? etc etc. ELI itself is not a fast track passport to making a successful claim, in the absence of establishing liability; it is as the name suggests an insurance against an event, in this case – liability.
David Bannister  
#10 Posted : 19 March 2012 09:39:08(UTC)
Rank: Super forum user
David Bannister

OP stated self-employed contractor. EL insurance is unlikely to be relevant. Also own fault.
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