Dormac Marine and Engineering (Pty) Ltd v Calmin Andrew Henneberry

The respondent, a boilermaker employed by an independent contractor (Camrod Engineering CC), was injured while fitting a steel plate to a ship in Durban dry dock. Chain blocks supplied by Dormac Marine and Engineering (the principal contractor) were used to lift the plate. During the process, a chain block snapped, causing the steel plate to whip and crush the respondent’s left hand, which was later amputated. The respondent alleged that Dormac negligently failed to provide safe equipment and adequate safety supervision. Dormac denied negligence, contending that the equipment was safe, had been inspected and certified, and that the failure was caused by improper welding of a lifting lug by the respondent, resulting in shock loading. Evidence included conflicting eyewitness accounts and expert testimony indicating that the broken chain block showed signs of overload rather than defect.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order granting absolution from the instance, with costs.

The case clarifies the limits of liability of a principal contractor for injuries sustained by employees of independent contractors, particularly in claims based on negligent omission. It emphasises that res ipsa loquitur does not apply where the evidence shows a plausible non-negligent explanation for equipment failure and confirms the claimant’s onus to prove negligence.