Mr H of Sheffield was working as a security office and patrolling the external areas of his workplace when he noticed a barrier gate was stuck in an elevated position. Mr H reported the fault to the operations room and went to inspect the barrier. As he placed his left hand on the barrier, it suddenly sprung back with significant force, causing a bolt on the top of the barrier to strike his left hand. Mr H suffered injury to his left hand, namely a fracture of the metacarpal of his long finger. Mr H suffered swelling and stiffness and a risk of developing post-traumatic arthritis in the effected joint.

Lability was denied on this occasion as the defendant argued that the operations team did not ask Mr H to take any action himself to repair or investigate the faulty barrier, that he was trained not to approach faulty barriers and that the accident was, in fact, caused by Mr H abandonment of his training.

Mr H’s claim went all the way to trial where the Judge found that Mr H was acting in the course of his employment and in accordance with his training. The defence of the employer that Mr H should not have investigated the faulty barrier was not upheld. The Judge found that Mr H was acting in accordance with the correct procedure and his investigations of the barrier were in line with the procedure to give a proper and full account of the fault.

At trial, the Defendant employer was held 100% responsible for Mr H’s injuries. Mr H was awarded more than £20,000. He received additional interest due to the conduct of the Defendant.

The case was deal with by Ralph Clark, Solicitor and part of the serious injury team at ASD solicitors.

If you have been injured as a result of defective work equipment call Ralph Clark for free advice on 0114 2678780.

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