“Big Builders hired a crane together with its driver Alfred from Cranes Ltd for six months for a special building project. On two occasions last week Alfred had felt light-headed when he got up. He attributed this to exhaustion as he had been kept awake most of the night by his crying baby. He did however make an appointment to see his doctor in two weeks time. Yesterday, while operating the crane, he fainted. The jib of the crane swung loose and looked as though it would strike against scaffolding. Ben, an employee of Big Builders, who contrary to safety guidelines was climbing up the outside of the scaffolding, jumped clear and was seriously injured when he fell. David, another employee of Big Builders, tried to climb up into the cab of the crane in order to help Alfred, also fell and was injured. Advise Ben and David.”

Introduction

i) Facts of the case

1. Alfred was an employee of Crane Ltd

2. Crane Ltd had hired a crane (the crane) together with its Driver for 6 months to Big Builders for a special building project

3. Ben and David were employees of Big Builders

4. While Alfred was operating the crane he fainted and the jib of the crane swung loose and moved towards the scaffolding

5. Ben who was on the scaffolding jumped clear and was seriously injured when he fell

6. David tried to climb up the cab of the crane also fell and was injured

ii) Summary

Ben and David are the injured parties and will have a possible cause of action against Alfred,                   Cranes Ltd and/or Big Builders.

iii) Cause of Action  (possible legal grounds for Ben and David to sue)

a) Negligence

b) Vicarious Liability

c) Employers Liability…(short extract)

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