HEALTH AND SAFETY –WHEN OCCUPIERS ARE LIABLE

The recent case of Mason and Satelcom Ltd. v. East Potential Ltd. provides a vivid example of how easy it is to become involved in costly and time-consuming health and safety litigation.
The London Borough of Redbridge (LBR) was the tenant of part of an office-block. By an informal agreement with East, part of LBR’s computer system was installed in a separate server room outside the premises leased to LBR. S Ltd. sent M to do some work on the computer system. This consisted of changing a computer card in a box mounted on the wall of the server room about eight feet from the floor. Someone acting on behalf of East apparently unlocked the server room for M, where M found a ladder. This was a basic ladder, not an A-frame ladder. It was in good condition but it was too short for M’s purposes. Nothing daunted M climbed the ladder, let go with both hands and bent backwards awkwardly. He lost his balance and fell, injuring his spine.
M sued S Ltd. under the Provision and Use of Work Equipment Regulations 1998 for failing to provide him with the proper equipment which he required in order to do his job. He won, although the judge ruled that he had been one-third contributorily negligent. However, S Ltd. then sued LBR and East for a contribution to M’s damages. The High Court dismissed the claim against LBR, but held East liable for 25% of the damages.
The Court of Appeal allowed East’s appeal as it could not have been Parliament’s intention that a landlord or occupier should be liable in such circumstances. There was no evidence as to who owned the ladder. M had not sought, or been given permission to use, the ladder and there was no particular reason to think that he would use it as he did. In the Court’s view, East did not have control of the ladder for the purposes of the Regulations.
Most people will probably think that in refusing to allow S Ltd to palm off part of its liability onto East, the Court of Appeal reached the right, commonsense, decision. The time and costs involved in resolving this dispute illustrate the importance of always keeping health and safety issues firmly in mind.
To find out more, please contact Gareth Pobjoy.

Filed: 23/06/2008 09:08:11