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Nicola-mod
Nicola-mod, Moderator
Category: Employment Law
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Experience:  Moderator
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If you fall off a ladder and hurt someone is it the ladders

Customer Question

If you fall off a ladder and hurt someone is it the ladders owner who is at blame and what part of the law do we claim from?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What actually caused the fall - a faulty ladder or the negligence of the person using it?

JACUSTOMER-24gnz0gt- :

Do not beleive it ws negligence of person using it. Not sure how safe the ladder was as it was the neighbours. My uncle is 79 was visiting my elderly mum. He encountered her neignbours aggrssively insisting that the overhanging tree branches be cut immendiately. He is not a gardner just helps my mum from time to time to maintain ger garden. He is retired on pension credit. He fell and sustained inuries himslef too. The neighbour wh has not worked for 10 years is suing my uncle, we are trying to ascertain fault. I beleive the neigbour ws not holding the ladder properly.

Ben Jones :

the only person who would potentially be at fault here is the person who was responsible for the fall and it can be shown that he had either done it deliberately or negligently.

If the neighbour is suing then he would have to prove that:

  • You uncle owed him a duty of care
  • He had breached that duty of care, for example through his negligent actions
  • The injured party has received injuries or suffered losses as a result of that breach

Whilst some degree of duty of care may be found, I am not certain that a breach will be found. We are talking about someone using a ladder, which is a relatively simple process. If someone falls then it is likely to be an accident and not necessarily something that could be attributed to negligence unless it was being used in such a dangerous way that it is obvious it was dangerous and that no other reasonable person would have used it in that way.

The same would apply if you were to sue the neighbour but if they were just holding the ladder and were not professionals, then only a limited accountability would be placed on them.

I would not say that either party has a strong claim here, it is most likely an accident and no one would be directly responsible for this.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola