Workshop 5

Collaborate – employer's primary

liability

Snowhite Construction Co. Ltd. employs Scott and Hilary as labourers on a building site.
One day, the crane driver is absent from work and the foreman asks Scott to drive the crane.
Scott agrees but, as he has had no training, he pulls the wrong lever causing the crane to
swing wildly, hitting Hillary on the head. Hillary should have been wearing a safety hat but
had not bothered, as the foreman had made known to other employees his belief that safety
hats were a waste of time.
Hilary wants to bring a claim directly against her employer, Snowhite. There is no need to
consider any direct claims against Scott or the foreman or the vicarious liability Snowhite
may have for their torts.