Quick Tort Question

nash19

Hi im faced with this problem question that im having real trouble understanding i was wondering if anyone could help



If a steel company is subcontracted by a structural engineering company to fit a stairwell and to save money it changes to original design to a flawed design which causes the stairwell to collapse causing death and severe damage. Who is liable for damages when the stairwell inevitably collapses? The steel company who changed the design and built the fatally flawed stairwell, the engineering company they worked for who failed to see that the design was botched or the development company who commissioned the build in the first place and later sold on the building to a buyer.





thanks

Victor

Homework?

There are different principles at play. One would be health & safety legislation. But thats a statutory matter and not tort. There are elements of contract.

What else is at play?

Mark27

You would bring an action against the development company who owned the building. This is who you have the relationship with as you are using their staircase. They would be the ones that owe you the duty of care.

Pkiernan

As my attorney would say: "The company with the most money is responsible".

Victor

Mark27 wrote: »

You would bring an action against the development company who owned the building. This is who you have the relationship with as you are using their staircase. They would be the ones that owe you the duty of care.

If this is indeed a homework question, that would be a rather incomplete answer.

littlemac1980

Sounds like all three could be potentially liable (actually all four, would have to look at the prospective plaintiff's potential liability too).

Steel Company - Through Common Law Negligence as Manufacturer, Defective Products (Perhaps), Sale of Goods and Supply of Services perhaps.

Engineers - Through Professional Negligence, failure to meet standard of care of engineer, failing to inspect, failing to identify flaw/risk, signing off as good, negligence in selecting a incompetent sub-contractor (assuming not nominated), agreeing to the selection (if nominated).

Construction Company/Employer (wrinting response here, and can't remember exact title of that party) - Occupiers Liability, Employer's liability if injured party is employee.

Plaintiff - Contributory Negligence, though unlikely applies - were they wrestling on the staircase

Each appears to owe duty to a different party so defendant/plaintiffs would depend on contractual relationships and existence of/ lack of indemnity + joining of third parties.

That's my guess anyway.