[1004]

4. Defence of negligence or contributory negligence

against Plaintiff workman

DEFENCE
1. Save that on [date], there was an accident involving the
Plaintiff at a construction site, paragraphs [no.] are denied.
2. The Defendants deny that the lifting chain of the mobile
crane had swung into the back of the Plaintiff. The
Defendants aver that the Plaintiff on [date], was standing
on a concrete block, which was being hoisted down by a
mobile crane when the Plaintiff lost his balance, and
thereafter feel from a height of 3 metres.
3. The Defendants deny that the Plaintiff was injured by
reason of the breach of statutory duty and/or occupier’s
and/or common law duty of the Defendants and/or their
employees, servants and/or agents whom the Defendants
are vicariously liable for.
4. The Defendants aver that the alleged accident was caused
solely and/or contributed to by the negligence of the
Plaintiff.

PARTICULARS OF NEGLIGENCE OF THE PLAINTIFF

(a) Failing to take reasonable care of his own well-being
in the circumstances;
(b) Failing to take adequate precautions to safeguard his
own safety despite knowing the risks of the said
accident occurring;
(c) Failing to pay adequate attention to his surroundings,
thereby failing to prevent the said accident from
occurring;
(d) Failing to keep a proper look out in the circumstances;
(e) Failing to take evasive action or otherwise to avoid the
said accident;
(f) Failing to observe the work conditions in or around the
vicinity so as to deal with the ordinary exigencies of
work;
(g) Failing to exercise reasonable care, skill and prudence
in his work; and
(h) Exposing himself and other co-workers who were
working around the vicinity to danger when he lost his
 footing on top of the concrete block.

5. The said injuries, loss and damages and the causation

thereto as pleaded under paragraphs [x] of the Statement
of Claim are denied and the Plaintiff is put to strict proof
thereof.
6. Save as in hereinbefore expressly admitted, the
Defendants deny each and every allegation contained in
the Statement of Claim as if the same were set forth and
specifically traversed.