Hey all
I have an Tort Law coming up in the next couple of weeks as I missed the May Exam due to illness
I am doing some past papers and just wanted to make sure I am on the right track....
The question I am doing is (summarising)
Dave and Jason are colleagues who work for Thomas Position Limited. The company supplies erects scaffolding for business projects. Dave and Jason are employed to erect and dismantled the scaffolding.
The company provided workers with helmets and training on the importance of wearing a helmet but Dave choose not to wear the helmet whilst doing his job.
Dave and Jason were trained on how to both erect and dismantle the scaffolding. However they found a quicker way to dismantle the scaffolding (Jason would drop pieces of scaffholding down to Dave) which the company did not teach them.
One day Dave is injured when he gets distracted by his friend Sarah arriving on site to take him to lunch and did not notice Jason dropping a large pole down to him, It struck him on the head and caused serious injuries....
1 Does Dave have any claim in Tort against Jason?
2. Does Dave have any claim in Tort against Thomas Limited?
Question 1 would you answer yes and link to negligence principle?
Question 2 - No because the company provided him with sufficient training and safety uniform