Construction Site Liability: When Occupiers Must Pay
In this crucial episode of P.I. Case Note, we examine the New South Wales Court of Appeal decision in Value Constructions Pty Ltd v Badra [2024] NSWCA 181, which clarifies the duty of care owed by construction site occupiers to workers under section 5D of the Civil Liability Act 2002 (NSW). The case demonstrates how site controllers can be held liable for workplace injuries even when they aren’t the direct employer, particularly when they fail to maintain safe working conditions.
The court’s analysis provides essential guidance on establishing factual causation in workplace injury claims and reinforces that occupiers cannot escape liability simply by delegating safety responsibilities to subcontractors. This decision is particularly significant for the construction industry, where complex contractor relationships often blur the lines of responsibility. The judgment emphasises that those who control worksites must take active steps to ensure safety, regardless of contractual arrangements.
Listen for our comprehensive analysis of this important occupier liability decision. If you’ve been injured on a construction site or workplace, determining all potentially liable parties is crucial to maximising your compensation. Contact accident legal for a free consultation—our experienced team knows how to identify and pursue claims against all responsible parties, including site occupiers and principal contractors.