Bhatt v Fontain Motors Ltd, [2010] EWCA Civ 863, 27/07/2010
Location: Case TypesPersonal Injury    
Posted by: Law Brief Publishing 08/09/2010 20:53
The Court of Appeal held that in determining liability in negligence in respect of a worker’s fall from height in the workplace, the appropriate starting point is the Work at Height Regulations 2005 and whether the accident occurred as a breach of such Regulations and thereafter for the worker’s conduct to be considered. The Court of Appeal also held that if a worker fell while working at height, when in breach of reg. 6(2) he should not have been required to work at such height at all, it was difficult for the employer to maintain an argument that the worker was wholly to blame for the fall in not following a prescribed system of work at such height.
Court: Court Of Appeal (Civil Division) (England and Wales)
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