£44,500 bill for helping a friend

A man who lost an eye when part of his conservatory fell on him won compensation today from the neighbour who was helping him put it up. Raymond James will receive £44,525.32 from uninsured labourer Alan Butler, who will have to sell his home in order to pay after today's Appeal Court ruling.

The case could have wide-ranging implications for those who agree to help in return for a small cash payment.

Mr Butler, who worked in the building trade, agreed to help Mr James, of Wooton Bassett, near Swindon, for £300.

But a rafter hit Mr James in the face, causing him to lose his right eye, shortly after Mr Butler thought he had screwed it into place.

Last year at Taunton County Court a judge ruled that, although Mr Butler owed Mr James "a duty of care", he could not be held responsible.

But today Lady Justice Smith, who heard the case with Lord Justice Rix and Lord Justice Sedley, said it was not "reasonable" for Mr Butler to have believed the rafter was secure.

She said: "The act of inserting and fingerturning the screw is so simple it falls well within the capability of all but the most inexperienced of handymen.

"The only sensible conclusion is that Mr Butler ought to have been able to tell whether or not the screw was doing its job.

"He was not taking reasonable safety precautions."

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