A builder in occupation of a building site owes a duty of care as occupier to tradesmen (employees of independent contractors) to exercise reasonable care to make the site safe, including by inspecting scaffolding before tradesmen commence work. The Papatonakis principle that an occupier need not warn of defects tradesmen are accustomed to meeting does not extend to dangerous scaffolding bearing a safety certification sign. An assessment of 15% contributory negligence for a tradesman who failed to inspect scaffolding but relied on a safety sign, and 10% employer responsibility for an unsophisticated employer entity, are within the permissible range.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.