Summary of Recent Cases – Substantive Law


PERSONAL INJURY & FATAL ACCIDENTS

Company Director Personally Liable For Health And Safety Breaches

Tafa v, (1) Matsim Properties Ltd (2) Gilling-Smith (3) Agora Gynaecology & Fertility Centre Ltd, QBD 23/5/11

King J held that a commercial tenant (D3) and its company director (D2) were both personally liable in negligence and for breach of statutory duties pursuant to the Construction (Health, Safety and Welfare) Regulations 1996 and the Work at Height Regulations 2005 in respect of personal injuries sustained by a workman employed by a contractor engaged by D2 and D3. King J held that D3, through D2, had control over the works being carried out on site and such as to trigger the personal obligations under the Regulations. King J further held that they had breached their statutory duties by failing to ensure that the workman was adequately supervised and in failing to ensure that the works at height were, inter alia, properly planned, supervised and carried out in a reasonably safe manner.

Court Of Appeal Upheld Judge’s Finding That A Pedestrian Stepping Into Path Of Oncoming Vehicle Was Two-Thirds Responsible For Accident

Belka v, Prosperini, CA, 26/5/11

The Court of Appeal dismissed the Claimant’s appeal against a decision that he should bear two-thirds of the responsibility for a road traffic accident. The judge found that the Claimant pedestrian had, upon entering the carriageway, deliberately run the risk of trying to cross in front of the Defendant’s vehicle (which had right of way). Whilst the fault of the Defendant had been not to ease off his speed, the Court of Appeal took the view that the Claimant’s actions were more blameworthy and thus found that the Judge had not erred in his apportionment of liability based upon his findings.

June 16, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases