The foreseeability test operates more demandingly where simple uncomplicated operations by an experienced worker within the normal system of work are concerned, and this applies equally to independent contractors. A defendant who engages a skilled and experienced contractor is entitled to assume the contractor will identify and eliminate risks inherent in the work, and the risk of injury from such work is not reasonably foreseeable. Leave to raise a statutory breach ground on appeal will be refused where the precise factual foundation (here, height measurement) was not established at trial and could have been met by evidence.
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