In what circumstances have ladders been used in construction work?

In Pogorzelec v. Wincor Properties Limited, [2000] B.C.J. No. 854, the plaintiff fell from a ladder on premises owned by the defendant. The property was a commercial premise. The plaintiff was asked by a subcontractor to consult with respect to sprinkler requirements. The plaintiff agreed to visit the site alone. He did so when the premises were dark and he did not turn on available lights. Relying on natural light, he used an extension ladder that was already in place. The plaintiff rarely climbed ladders in his work and had not done so on his original visit to the premises. The ladder slipped and he fell to the floor. The plaintiff in that case alleged that dust on the floor caused the slip, although there was no debris in the room and crews had washed down the floor. The court dismissed the claim and stated that the plaintiff was aware that the demolition had taken place and as an experienced subcontractor knew that dust or debris could be present. The plaintiff agreed to work alone and had given no indication that he would be using a ladder. He did not attempt to use the lights.

In Thack v. Udenberg, [1988] B.C.J. No. 1471, the plaintiff had fallen from a ladder while assisting the defendant to shingle a chicken coop. The plaintiff had offered to help the defendant place shingles on the roof of the chicken coop. The defendant provided two identical five foot aluminium ladders and each of the plaintiff and defendant mounted a ladder. The plaintiff fell. The court found that the ground was level and free of debris and that the plaintiff mounted the aluminium ladder of his own volition. In mounting the ladder the plaintiff testified that he had shook it to test its stability as he reached each of the first three rungs. The court found that the plaintiff, had satisfied himself of the stability of the ladder and concluded that if a danger existed, it was obvious and the defendant was under no duty to warn the plaintiff against obvious dangers. The plaintiff’s claim was dismissed.

In Wray v. MacLeod, [1992] B.C.J. No. 1231, the plaintiff fell from a ladder while working at the home of her defendant son-in-law. The plaintiff and her husband had gone to the defendant’s home to assist their daughter and the defendant carry out renovations and repairs to their home. The defendant suggested that the plaintiff help paint the roof joists over an outside patio. She utilized a six foot wooden step-ladder and used paint brushes and rollers to reach the joists which were about nine feet from the floor of the patio. She used the ladder for about one and one-half hours before she fell.