Damage caused by independent contractors

• If an independent contractor's work is negligence what must be satisfied for the occupier to be able to transfer liability to the workmen?

  Covered by S2(4)(b) OLA 1957, three things must be satisfied:

  1. Must be reasonable for the occupier to have given the work to an independent contractor
  2. The contractor must be competent to carry out the task
  3. The occupier must check the work has been carried out properly
• In order to determine if it is reasonable to have given the work to an independent contractor what factors can be taken into account?

  Numerous factors:

  • Complexity - the more complicated the work is the more reasonable it'll be to employ a contractor
  • as seen in Haseldine v Daw
  • Reasonableness - was it reasonable in the circumstances to have trusted the work to the chosen independent contractor?
• What steps must occupiers take in ensuring that the contract is competent to carry out the task?

  There're numerous different steps occupiers can take, for example:

  • researching contractor's experience and qualifications
  • looking at reviews of prior work
  • failing to take any steps to ensure competency will result in the liability remaining with the occupier
  • as seen in Bottomley v Todmorden Cricket Club
• After the contractor has completed the work what must the occupier do?

  The occupier must:

  • check the works been done properly
  • for non-complex jobs the occupier can check themselves the works been done properly
  • for very technical work it's best to hire a professional
  • failure to do so will result in liability remaining with the occupier
  • as seen in Woodward v Mayor of Hastings