Duty of care cannot be avoided
Dated: 18/12/2008
Duty of care cannot be avoided by engaging someone else to do a job.
John Lough (Claimant) -v- Intruder Detection & Surveillance Fire & Security Ltd (Defendant) & Robert Fulton (Third Party) (2008)
Fulton had been refurbishing his family home and had engaged Intruder to provide an integrated security system. In the course of refurbishment a staircase had been replaced and neither balustrade nor banisters were present. Lough, an employee of Intruder, fell from the landing to the hall floor below, sustaining serious injury. Intruder sought a contribution from Fulton on the basis that he owed a duty under the Occupiers’ Liability Act 1957. The Court of Appeal held that Fulton was not absolved of his duties simply because Intruder was also liable for Lough’s injuries and held that liability should be apportioned. This case confirms that a duty of care is not extinguished simply because it can be demonstrated that another party also owes a duty of care. Those with responsibility for H&S, even if you are a private individual bringing in builders, must ensure they have control over those they engage to carry out work and co-operate with them to ensure that hazards created during works are addressed in the interests of all.
