In Andrew Bond v Tom Croft (Bolton) Limited [2018] EWHC 1290 (QB) Morris J upheld the judgment of HHJ Main QC in dismissing a claimant’s claim that a ladder he was working on suddenly collapsed due to a hidden defect.
The defendant, represented by Matthew Snarr, successfully argued the claimant misused the ladder by overreaching causing the rear stile of the ladder’s leg.
The issue on appeal turned on whether the trial judge had sufficient evidence to conclude the claimant misused the ladder and where the legal and evidential burdens lay given the claimant’s case was founded under regulation 5 of the Provision and Use of Work Equipment Regulations 1998 which attracts strict liability.
A full copy of the judgment can be read here.