Home Builders Ltd supplies and fits kitchens and bathrooms. Part of the business involves manufacturing its own tiles and furniture. Jon is employed by Home Builders Ltd as a wood machinist operating a bench mounted circular saw. Today, while operating the circular saw, Jon caught his hand in the saw and severed 4 fingers. At the time this occurred, he had worked a 12 hour shift and for the last 6 hours of his shift, his supervisor, Murad, asked him to lend his push stick (which he had been instructed to use for feeding small pieces of wood into the machine) to a colleague. He was working to complete an urgent job. Joe admitted that he had been distracted and chatting to a colleague when the accident occurred.
Advise Home Builders Ltd as to its liability in negligence, including vicarious liability and whether any defences are available to the company.
1. What is vicarious liability?
2. When is an employer vicariously liable for the actions of its employees?
3. Would Jon be successful in a claim against his employer, Home Builders Ltd, and why?
4. What is ‘contributory negligence?
5. Would Home Builders Ltd be able to use the defence of ‘contributory negligence’ in any claim by Jon?