OWNER OF SITE NOT LIABLE FOR INJURY TO CONTRACTOR’s EMPLOYEE

McCook v Lobo [2002] EWCA Civ 1760, [2003] ICR 89

The Court of Appeal in McCook v Lobo [2002] EWCA Civ 1760, [2003] ICR 89 held that a site owner was not liable to an employee of a contractor who suffered injury while working on the site. The responsibility for the accident lay with the claimant himself and his employer. On the facts the owner of the site had not breached the duty which he owed to the claimant under the Occupiers’ Liability Act 1957 nor had he assumed control of the construction works so as to attract liability under regulation 4(2) of the Construction (Health, Safety and Welfare Regulations) 1996.