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01 May 2013

Nicholas Baldock secures finding of 60% contributory negligence in employer’s liability case

Nicholas Baldock secures finding of 60% contributory negligence against employer in a case involving a fall from scaffold.

In Jason Sharp (by his brother & litigation friend John Sharp) v Top Flight Scaffolding[2013] EWHC 479 the Claimant had fallen from the top of a scaffold that he had been in charge of erecting. He suffered a severe traumatic brain injury. The case concerned both liability and contributory negligence. In terms of the latter the court considered the effect, in the light of the relevant authorities, of the Claimant having designed the structure himself along with the calculated decision to climb down the outside of it when he realised he had not included ladder egress.

A copy of the judgment in the case can be found here