Facts of the case
Gregory Abrams Davidson Solicitors represented a client in relation to an accident at work. Our Client was employed by the Defendants as a Driver. When loading their vehicle they lost their balance on an uneven surface and fell from the vehicle, sustaining injury. There were no handrails, guards or other devices in place to prevent any fall from the vehicle.
Liability was initially denied by our client’s employers. They argued the accident was caused by a lack of concentration on our client’s part and that the uneven nature of the floor was a necessary feature of the vehicle.
We were able to establish that this was not the case and that our client’s employers were negligent in that they failed to ensure that the floor of the vehicle was of construction that was suitable for the purpose for which it was used. They had failed to keep the floor free from obstruction or ensure that the floor was not uneven to a degree as to expose our client to a risk to their health and safety.
Our client’s employers had also failed to take suitable and sufficient measures to prevent, so far as was reasonably practicable, our client falling or to ensure that the work at height was properly planned, appropriately supervised and carried out in a manner which was safe.
They had failed to take account of a risk assessment and failed to ensure that the vehicle complied with the relevant Regulations. They also failed to provide a safe system of work for our client.
Liability was eventually accepted by the Defendants and we were able to negotiate a settlement out of Court in excess of £50,000.00. This included damages Pain, Suffering and Loss of Amenity and loss of earnings incurred by our client.