Alan Fraser v Fife Council, Court of Session, Outer House, 7 April 2006, [2006] CSOH 60
The Pursuer in this case raised an action against his employers following an accident at work. The Pursuer sustained injury when he fell to the ground as he was descending a ladder.
His case was based on an alleged breach of common law as well as an alleged breach of the Provision and Use of Work Equipment Regulations 1998 and the Construction (Health, Safety and Welfare) Regulations 1996.
On the day of the accident, the Pursuer had been sent along with two co-workers, all of whom were highly experienced, to paint the rhones on a number of two storey houses. However, at the time of the accident the Pursuer was working alone. The ladder he was using was fitted with a ladderfix, a security device which attaches to the top end of the ladder with rubber wheels which crush against the wall when a person ascends the ladder creating a tying effect. Neither the Pursuer nor his colleagues were using ladderstops which are anti-slip bases placed at the foot of ladders to prevent the ladder from slipping. The Pursuer and his colleagues received regular ‘toolbox’ talks which included instructions on ladder safety and the use of ladderstops. They were also each provided with a health and safety pack.
Ultimately, the Pursuer failed to establish that there had been a breach of the Regulations referred to on Record and it followed that he had also failed to establish any breach of duty at common law.
Interestingly, however, Lady Smith went on to say that even if the Pursuer had established the Defenders were at fault she would have in any event accepted the Defenders’ submission that it would have been appropriate to make a finding of 100% contributory negligence as the Pursuer had a ladderstop available to him which he chose not to use.
Contact
Louise Hay
(Information posted in July 2006 and may not have been updated at time of reading).