HIRED PLANT AND THE BURDEN OF PROOF: THE ROAD FROM BLACKPOOL PIER

Blackpool Ladder Centre Ltd v BWB Partnership ((2000) unreported, 13 November, CA)

Where hired plant is damaged during use and the hirer has discharged his common law burden of showing that he has taken reasonable care of it, it may be proper to conclude without further affirmative evidence that the damage has been caused by a defect in the plant itself. The inference of such a defect, constituting a breach of the lessor’s duty under s9(5) of the Supply of Goods and Services Act 1982 to supply a chattel reasonably fit for its purpose, may in turn disable the lessor from relying on an express indemnity clause in the hire agreement.