Description
This case sounded a cautionary note in relation to use of the doctrine of res ipsa loquitur. It was held that this doctrine should be used with caution when the events in question were outside the Defendant's control. In the instant case where the Claimant alleged that the ladder in question was insufficiently substantial at a crucial hinge, the doctrine was inappropriate as erection of the ladder was within the Claimant's sole control. On appeal it was held that the design of the ladder was in accordance with the British standards and there was no evidence of a defect in the design or manufacture of the plastic moulded fitting (designed to act as a hinge when the ladder is in use). If the ladder had been properly erected it would not have fallen. In the circumstances the claim failed.
