I have a problem question and i'm having difficulty working out who is liable.
CC Ltd engaged DD Ltd to undertake a geological inspection of a site that CC Ltd is considering for the construction of a shopping complex. The work involved digging a trial pit and taking soil samples. CC Ltd was aware at the time of appointment that DD Ltd was subject to a Health and Safety Executive Improvement Notice.
On the 1st November 2012 one of DD Ltd’s employees arrived at the site and began working in the trial pit. The sides of the pit collapsed and the worker shouted for help. A member of the public was passing by and ran to the workers aid. The member of public (Miss Happ) tripped on rubbish left lying around near the pit and fell. She suffered a broken arm. The worker tried to get free from the pit but eventually the soil choked him and he died at the scene.
It was later discovered that the trial pit was not adequately supported and there were no clear instructions given to the worker about working in confined spaces. There was no risk assessment for the work.
With the aid of case law, advise CC Ltd and DD Ltd on the use of negligence law to provide compensation for the worker’s death and Miss Happ’s injuries.
who would be liable cc or dd? or both
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- Thread Starter
- 27-03-2013 17:06