Wheeler v Copas [1981] 3 All ER 405
Negligence — supplying equipment to an independent contractor — occupiers’ liability
Facts
Wheeler was a partner in a bricklaying business engaged to build a house on Copas’s farm. The arrangement was a labour-only contract: Copas, the farmer, undertook to supply the materials and equipment needed for the work. Wheeler selected a ladder available on the farm. It proved unsuitable for the work, gave way during use and injured him.
Wheeler sought damages under the Occupiers’ Liability Act 1957 and, alternatively, in ordinary negligence for the failure to provide suitable equipment.
Issue
The court had to distinguish responsibility as an occupier from responsibility for supplying equipment. It also had to consider Wheeler’s own failure to recognise that the ladder was unsuitable.
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Decision
The claim under the Occupiers’ Liability Act 1957 failed. Once the ladder had been handed over for the contractor’s use, Copas could not be treated as its occupier in the relevant sense. His ownership of the farm did not settle who controlled the ladder.
However, Copas was liable in negligence. Having undertaken to provide the equipment, he had to take reasonable care to ensure that the ladder was suitable and safe for its intended use. The failure of the statutory occupiers’ liability claim therefore did not dispose of the separate negligence claim.
Wheeler also bore responsibility because he should have recognised the ladder’s inadequacy. His contributory negligence reduced the damages recoverable. The decision thus distinguished the farmer’s duty when supplying equipment from the contractor’s responsibility when selecting and using it.
