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High Court: (a) awards €103,000 against a garden contractor for personal injuries to an employee who fell from a ladder belonging to the home-owner while trying to remove a branch from a tree in the course of his employment, on the grounds that he had not received proper training, that the ladder was unsuitable for the job, and that his colleague was not holding the ladder at the time of the fall, where the employer did not participate in the proceedings; but (b) dismisses claim against the home-owner on the grounds that it was the responsibility of the employer to ensure that the correct equipment was used in the work.
Personal injuries - accident in garden in course of employment - attempt to pull broken branch from tree while on step ladder - fall from ladder after colleague had let it go - claim against employer not contested - claim against home-owner contested - use of home-owner's own ladder - Article 114 of the 2007 - suitability of ladder - negligence of employer - lack of training - unsuitability of ladder - vicarious liability for negligence of colleague in failing to hold ladder - section 3 of the Occupiers Liability Act 1995 - liability to a visitor - common duty of care - whether condition of the ladder caused the accident - injuries and loss - minor head injury - injuries to wrists - vocational consequences of injuries - numbness - scarring - wrist mobility - sensory impairment - prognosis - likelihood of arthritis.
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