Duty of care in workplace involving contractors?
If the scenario arises that an office employee trips over a power cord of a contractor fixing a window who is liable if the office worker breaks their arm? The contractor or the employer of the person working in the office? Assume that there was no notification of the contractor fixing the window and no hazard/caution signs. (In Western Australia) assume the cord was raised slightly off the floor. Also assume the employee walked round the corner and didn't have time to see the power cord.
Public Comments
- Well, it can depend on many factors, such as, how visible was the power cord, and was it lying flat meaning the dumb employee wasn't lifting their feet when he/she was walking, or was it lying uneven, perhaps loops sticking up off the floor, meaning the dumb contractor accidentally built a trap for the human foot? Personally, I think, in a well lit room, there is little excuse for creating unwarranted danger, and even less excuse for not watching where you are walking. Without knowing the exact layout of the cord, and the relative IQ and attention span of the employee, it is really hard to make a definitive statement on liability.
- Prima facie, it will be the liability of the independent contractor, since they have to take reasonable steps to warn the public of any hazards while they work near them. Consult a lawyer so that they can examine the facts in detail to tell you if you have a cause of action. It seems like negligence to me.
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