Employer's Liability - Employee Held 50% Liable In Fall From Ladder)

WARKE –V- BRITISH TELECOMMUNICATIONS PLC
24 September 2004
Northern Ireland Queens Bench Division
Morgan, J

The Plaintiff in this action was a mechanic employed by the Respondent since 1978. In 1994 Mr Warke was transferred to a different department and his new duties included laying cables and connecting them to poles on British Telecom’s overhead network. The Plaintiff was given one week’s training for this new position. The focus of the training was in relation to the safe use of ladders however they were given no information in relation to the risk of a ladder twisting if the feet were not level. The trainer relied on a BT document, ‘Safe Use of Ladders’, published in 1981 and made available to employees.

In 1994 the Respondent produced a revised directive in the safe use of ladders which gave explicit advise on the risk of sliding, twisting or toppling. However this directive was not made available to employees and the Plaintiff did not receive a copy of this prior to his accident.

The accident occurred on 29 November 1996 when the Plaintiff was tacking a cable to a telegraph pole at Garvagh. The ground below the pole was at a gradient and as a result the feet of the ladder were not level. The Plaintiff took some action to level the base of the ladder and top-lashed it to the pole. On completion of the task he unlashed the ladder at the top but on his way down the ladder twisted causing the Plaintiff to fall to the ground.

Mr Warke sustained a comminuted fracture of the os calcis and was in plaster for some three months. He was able to return to work ten months after the accident but could only work as a handyman and cleaner for which he received reduced pay.

It was held that the Respondent had been negligent in their failure to point out the danger of twisting associated with a ladder in respect of which the stiles were not level. Although such advice was indeed issued in the directive of 1994 this document was never provided to the Plaintiff. Their failure to provide adequate safety information in the use of the ladder also resulted in their breach of their statutory duty under Reg 8(1) of the Provision and Use of Work Equipment (NI) Regulations 1993.

The Judge also held that the Plaintiff had been negligent in his failure to give the task at hand due consideration. As a result contributory negligence was found to be 50%.

General damages of £27,500 and financial loss of £33,500 were awarded.