Introduction

The case of Dalton v Frendo concerns a workplace accident in which the Plaintiff, an experienced carpenter, suffered injury while carrying out work at height using a ladder provided by the Defendant. The accident arose in circumstances where the Plaintiff was required to perform manual work involving cutting overhead branches, with the inherent risks associated with stability, footing, and working from elevation.

The Plaintiff issued proceedings against the Defendant, contending that the injuries sustained were avoidable and arose from a failure to provide a safe system of work and appropriate equipment for the task. It was alleged that the Defendant failed to take reasonable care for the Plaintiff’s safety by not ensuring that adequate measures were in place to prevent the ladder from becoming unstable during use.

Legislation and Case Law

The claim was advanced by reference to established principles of employer and occupier liability, together with the duty to provide a safe place and system of work. The Plaintiff’s case emphasised that the risks associated with working at height on uneven or unstable ground were foreseeable and required appropriate safeguards.

In particular, it was contended that additional precautions should have been taken, including the provision of [supporting planks / stabilising equipment / a safer working platform such as scaffolding], which would have reduced or eliminated the risk of the ladder shifting during use.

The Defendant, however, relied on the Plaintiff’s experience as a skilled tradesman, arguing that the risks associated with positioning a ladder on soft or uneven ground were obvious and within the Plaintiff’s own knowledge and control.

The authorities considered by the Court addressed the scope of the duty of care, the importance of foreseeability, and the extent to which an employer or provider of equipment may rely on the knowledge and expertise of an experienced worker

Decision

The Supreme Court dismissed the Plaintiff’s appeal and upheld the decision in favour of the Defendant.

In doing so, the Court emphasised that the duty of care is not a fixed or uniform standard, but one which varies depending on the knowledge, experience, and skill of the worker in question. The Court accepted that the Plaintiff, as an experienced carpenter and contractor, was capable of identifying and assessing the risks inherent in the task he had undertaken.

The Court was satisfied that the risk of the ladder becoming unstable on soft ground was not a hidden danger, and that the Defendant was entitled, in the circumstances, to rely on the Plaintiff to take appropriate care for his own safety.

Notwithstanding that finding, the decision turned closely on the specific facts of the case, including the Plaintiff’s level of experience and the nature of the risk encountered.

Takeaway

This case highlights that employees are entitled to expect safe systems of work and appropriate equipment, particularly where tasks involve working at height or exposure to physical risk.

However, it also illustrates that the Courts will take into account the experience and expertise of the worker when assessing whether an employer has discharged their duty of care.

For employees, the decision demonstrates the importance of examining whether adequate safety measures were in place, particularly where work involves foreseeable risks such as unstable ground, manual handling, or working at height. Even in cases involving experienced workers, liability may arise where appropriate safeguards, systems, or equipment were not provided.

For employers (and those providing equipment or work environments), the case emphasises that while reliance may be placed on the skill and knowledge of experienced workers, this does not remove the obligation to properly assess risk and implement reasonable safety measures in appropriate circumstances. Each case will ultimately depend on its own facts.

Further information

This article was prepared for informational purposes only. For further advice, please email workclaim@crushell.ie or contact the offices of Crushell & Co Solicitors.

About Crushell & Co

 Crushell & Co is a specialist firm advising on the application of law in the Irish workplace.

Our Dublin-based solicitors have particular expertise in workplace injury litigation, regularly acting on behalf of employees who have suffered injuries arising from unsafe systems of work, inadequate training, or failures in workplace safety procedures.

We understand that a workplace injury can have serious consequences for an individual’s health, livelihood, and financial security. We work closely with our clients to identify the root causes of workplace accidents, gather the necessary evidence, and advance strong, well-supported claims for compensation.

We are experienced in pursuing workplace injury claims through the Courts and achieving meaningful outcomes for injured workers, while providing clear and practical guidance at every stage of the process.

We translate complex legal issues into practical legal options, adapting our strategy to meet each client’s specific circumstances and objectives.

Conntect: @CrushellLaw or www.crushell.ie