Heaven v Pender (1883) 11 QBD 503, Court of Appeal
Citation:Heaven v Pender (1883) 11 QBD 503, Court of Appeal
Rule of thumb 1:If scaffolding is not erected properly, and this leads to it collapsing, and a person falling and injuring themselves, is this a claim? Yes, this is a classic claim which compensation can be obtained for.
Rule of thumb 2:What does the duty of care mean? It means that all performing a trade/sector must follow the general basic standards of other organisations in that sector, and if they do not do so and another person is injured, then they are liable to pay damages for this.
Background facts:The pursuer was a painter. His employer obtained a services contract to re-paint a ship, and the respondent erected scaffolding to support the work. The scaffolding collapsed because one of the ropes was tapered and weakened, injuring the pursuer.
Judgment:
The respondent had invited the pursuer on to the land, and knew he would be using the scaffolding. Duty Arising to Use Ordinary Care and Skill and people are entitled to expect this has been done & not be liable themselves to check it.
Ratio-decidendi:
– ‘wherever one person is… placed in such a position with regard to another that everyone of ordinary sense… would at once recognise that if he did not use ordinary care and skill… he would cause danger or injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.... The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another... And for a neglect of such ordinary care or skill whereby injury happens a legal liability arises to be enforced by an action for negligence. This includes the case of goods, etc., supplied to be used immediately by a particular person or persons or one of a class of persons...’ Lord Brett MR
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.