Two is Better than One

Our Michael Han acted for the Claimant. He was a construction worker. At the time, he was directed to collect a spade at the nearby store. When he returned to the worksite, a stationary excavator suddenly reversed without warning and ran over his leg and hip.

This case was unique because the suit was not just brought against the employer and the occupier. The Claimant also sued the excavator-rental company who rented out the excavator and the excavator driver.

At the court below, the Claimant’s claim against the excavator-rental company was dismissed. They were not held to be vicariously liable for the negligence of the excavator driver, who reversed the excavator and ran over the Claimant.

Dissatisfied with the decision, the Claimant appealed. The hearing was heard before Justice Dedar Singh Gill. At that time of the development of the law, it was uncommon for two Defendants (in this case, the employer and the excavator-rental company) to be held vicariously liable for the negligence of their workers, who had caused the accident.

However, the High Court Justice justified the imposition of vicarious liability on both the employer and the excavator-rental company. He was of the view that the excavator-rental company had control of the work being carried out through the selection and training of their excavator driver. As such, they bore some liability for the accident.

The appeal decision clarifies the law on the dual vicarious liability of permanent and temporary employers.