The High Court has ruled that Nadia Isaacs, of North London, will not be liable to pay compensation to a worker who fell from a ladder whilst carrying out work at her home.
Labourer Tomasz Kmiecic, took Mrs Isaacs to court and attempted to sue her for a six figure sum- a claim which was later dismissed.
Mr Kmiecic, who originates from Poland, fell from the ladder in the summer of 2006. The fall resulted in him shattering his elbow and sustaining hip and thigh injuries. His claim was based on the fact that the ladder was Mrs Isaacs’, and that he could no longer carry out manual labour.
However, in a twist to the tale, the court heard that not only did the company that Mr Kmiecic was contracted to- Armag Decoration- not have suitable insurance, Mr Kmiecic also insisted that he carry out the work despite knowing that the ladder wasn’t appropriate. In addition to this, he also hid the incident from Mrs Isaacs.
After hearing evidence, Mrs Justice Swift concluded:
“She would not have had the necessary knowledge or expertise to devise and direct Mr Kmiecic in a safe method of carrying out the work. She was in the position in which most householders find themselves when arranging for household repairs to be carried out.”
The ruling is yet further evidence of the consequences of using inappropriate ladders.
