Ferguson v Welsh [1987] 1 WLR 1553

Facts

• Mr. Ferguson was injured while working on a construction site during demolition work.
• The defendant, Mr. Welsh, had engaged a subcontractor to perform the demolition.
• Mr. Ferguson brought a claim against Mr. Welsh for injuries sustained on the site.
• The dispute centered on whether Mr. Welsh, as the occupier, owed a duty of care and whether the subcontractor could share liability.
• The premises involved came under the Occupiers' Liability Act 1957, which governs occupiers' duties towards lawful visitors and addresses issues when multiple parties have control over a site.

Issues

1. Whether Mr. Welsh, as the occupier, owed a duty of care to Mr. Ferguson under the Occupiers' Liability Act 1957.
2. Whether the duty of care was discharged by delegating demolition work to a subcontractor.
3. Whether the subcontractor was also liable as an occupier for failing to ensure safety during demolition.
4. Whether liability under the Act could be shared or divided between multiple occupiers, including the primary occupier and subcontractors.

Decision

• The court held that Mr. Welsh, as a primary occupier who retained control over the premises, owed a duty of care to Mr. Ferguson.
• Delegating work to a subcontractor did not absolve Mr. Welsh of his statutory responsibilities.
• The subcontractor was also held liable as an occupier for failing to implement adequate safety measures during the demolition.
• The court affirmed that both the primary occupier and subcontractor share liability if reasonable care is not taken to ensure visitor safety.
• The decision was informed by precedents confirming that control and occupiers' duties may reside in more than one party.

Legal Principles

• The Occupiers' Liability Act 1957 requires occupiers to take reasonable care for the safety of lawful visitors (section 2(1)).
• "Occupier" is interpreted as anyone exercising sufficient control over premises, potentially including subcontractors.
• Control over premises can be shared, so that more than one party may be subject to statutory duties.
• Delegating work to a subcontractor does not relieve a primary occupier of duty but requires ensuring the subcontractor is competent and proper safety measures are observed.
• Subcontractors acting as occupiers owe independent duties of care and may be directly liable if negligent.

Conclusion

Ferguson v Welsh [1987] 1 WLR 1553 confirms that both primary occupiers and subcontractors may be liable under the Occupiers' Liability Act 1957, as the duty of care extends to all parties exercising control and cannot be fully delegated by the primary occupier.