Tort; Negligence; duty of care; recognized situations.
Facts: A ship-owner brought his ship into the defendant's dock for repair. The defendant supplied the ship-owner with certain equipment including a 'stage' or platform that was slung over the side of the ship and held up by ropes. This stage was used by painters who were employed by an independent contractor to paint the ship. The defendant did not check the condition of the ropes, failing to ensure that the ropes supplied were in good condition. One of the painters was injured when the ropes holding the stage broke. The injured painter sued the defendant. The court found that the defendant had been careless in not checking the condition of the ropes.
Issue: Did the defendant owe a duty of care to the painter?
Decision: Bowen and Cotton LJJ decided that the defendant, as dock owner, owed the painter a duty of care.
Reason: The relationship between the defendant and the painter was that of 'occupier of land' and 'invitee', a relationship recognised as giving rise to a duty of care. The invitation extended both to the use of both the dock and the equipment provided by the dock owner to the painter. Brett MR found that a wider principle could be derived from existing cases to decide whether a duty of care existed in new situations but his more general approach was not favoured by the court.