If a person asks a joiner to repair some stairs that are delapidated and the stairs collapse?

Question

The joiner is injured. Who is liable? This is to do with tort. Does anyone know of any websites or case that will help me prove who is at fault?

Answer 1

The tort of Negligence should prove cause of action against the Joiner on the following basis.

An established duty of care created by him working as a professional service as judged by the standards to be expected from a prudent and competent fully trained joiner...................Case..Bolam v Friern Hospital 1957 and the tests established in Caparo 1932 as to the establishment of the duty of care owed.

Breach of that duty by failing to take reasonable steps in order to avoid damage and that the type of damage was foreseeable........Wagon Mound (No1) 1961

Damage caused by the breach of duty (but for the respondents actions the damage would not have occurred. Cork v Kirby Maclean Ltd 1952 per Lord Denning.

Damages in the form of un-liquidated damages as compensation for the harm caused.

Answer 2

It sounds like the owner of the stairs is liable unless the owner can prove that the joiner did something flagranly wrong in their handling of the situation (ie: put an anvil on the stairs or something).

Answer 3

The owner of the building in which the stairs are located could definitely be held liable in this situation. However, if you've hired a reputable contractor for the repair, they should be insured against just such a possibility, and in that case the insurance should cover any associated costs.

Answer 4

If he's a professional Joiner he should be insured for this sort of thing.

Answer 5

You for having a duff staircase

Answer 6

Assumption of the risk. Read about it here.