Third Party Escapes Liability in Negligence Case
Gray v Fire Alarm Fabrication Services Ltd and others
[2006] EWCA Civ 1496
CA
10 November 2006, reported 6th February 2007
Daily Law Notes Summary
Subcontractors employee fell through roof adjacent to site which
site owner knew was dangerous. Was main contractor and site
owner liable? Held: As a general rule an independent contractor
and an occupier of a building did not owe a duty of care to the
employee of a subcontractor, but a duty could exist in certain
circumstances. It was unnecessary and unhelpful to formulate any
specific test for deciding when such a duty would arise. In this
case the third party was not liable.