When standards fall, the courts may find labourers responsible (Record no. 76044)

MARC details
000 -LEADER
fixed length control field 01611cab a2200193 4500
001 - CONTROL NUMBER
control field ##L131333
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051020n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131333
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Bell, James
245 00 - TITLE STATEMENT
Title When standards fall, the courts may find labourers responsible
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 #0 - SERIES STATEMENT
Series statement Construction News
Volume/sequential designation (6938) 13 October 2005, 25(1)
520 ## - SUMMARY, ETC.
Summary, etc. Considers the implications of the recent CA decision in "James v Butler" ([2005] EWCA Civ 1014, unreported). J sued the B for negligence. The two men had been erecting a conservatory in J's home when J was seriously injured by a falling rafter, which J alleged B had not adequately secured. The claim was dismissed, on the basis that B was only a general labourer, not a professional contractor, and thus owed a lower standard of care. Furthermore, the judge added J had been contributorily negligent, in that he should have asked B's permission to enter the conservatory after leaving it briefly. On appeal, it was held that B's status was irrelevant. The rafter had been inadequately secured, and B was liable unless he could prove he had not been negligent, and in this case the facts spoke for themselves. They also rejected the finding of contributory negligence. It is clear from the decision both that a labourer must display a reasonable level of competence, and that whilst legally it is not necessary to ask permission from colleagues if it is safe to enter a work area, it is prudent to do so.
590 ## - LOCAL NOTE (RLIN)
Local note IKA251005
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JAMES V BUTLER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Health and safety
9 (RLIN) 6244
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 20/10/2005   L131333 131333-1001 06/08/2019 1 06/08/2019 Journal article