Description
Foskett J held that a subcontractor with responsibility for ground-works on a building site was liable for personal injuries sustained by the claimant who had slipped on mud near to the site due to the failure to implement an effective system to ensure that the footway was kept clear of mud. Foskett J held that the main contractor was also liable for not ensuring that the sub-contractor had implemented such a system and that such responsibility derived from its continuing supervisory role. However, as the subcontractor was charged with day-to-day responsibility for the works on site, it had to bear the greater degree of the 75% liability (the claimant having been found to be 35% contributorily negligent).
