Equipment supplier fined after County Durham worker's hand severed

A worker from County Durham had his hand severed while carrying out maintenance on glass cutting machinery a court heard. The worker was investigating a fault on a new tilt table with a colleague at a glass manufacturers.

Suspended above his right wrist was a large laminated glass sheet measuring six metres by three metres and weighing around almost a tonne. The worker had his right arm extended with a mirror in his hand so he could check the status of a sensor relating to the release of the glass onto the table.

But when a colleague moved past another sensor on the tilt table the glass sheet was released, falling onto the maintenance technician’s wrist and severing his hand.

Surgeons reattached his hand with partial success and he was off work for several months while recovering from his injuries.

The table was part of a glass cutting line manufactured and installed by an external company at the workers place of work just four months earlier.

The Health and Safety Executive (HSE) prosecuted the external company.

An HSE investigation found that there were faults within the programme controlling the movement of the glass as it allowed the glass sheet to be released, even when an emergency stop had been activated and that this fault was exacerbated by the installation of the new tilt table and the failure to integrate it properly with the existing equipment.

The incident occurred due to a fault on a new glass cutting line which had been installed by an external company and they were prosecuted as they had not complied with the legal duties imposed on installers of machinery. The guilty company  was fined £100,000 and ordered to pay costs of £150,000

After the case HSE Inspector Martin Baillie said:

"This horrific incident should never have happened. Once he had put the table into an emergency stop condition, it should not have been possible to release the glass.”

"Installers of machinery need to ensure that new equipment is compatible with the existing equipment and that the complete line complies with the essential safety requirements. That includes ensuring machinery is unable to move suddenly when an emergency stop has been activated."

The injuries suffered by the injured worker could have been prevented had the external company, who had installed the machinery, complied with and implemented the correct safety requirements.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons)

Office Manager (Birkenhead) and Personal Injury Solicitor

Fines imposed following scaffolding fall death

The Health and Safety Executive (HSE) have fined a firm, its director and a supervisor  for safety failings after a worker died from injuries sustained in a fall from scaffolding at a construction site in East Sussex. ^[1]

The injured worked had been constructing a scaffold when he fell.

Precisely how far or why he fell remains unclear, but a HSE investigation identified a number of defects with the scaffolding at the site, including missing hand rails and incomplete scaffold platforms. Evidence of deficient working practices and a negligent safety culture within the company were also found.

Prohibition Notices had previously been served on this particular firm and on individual employees for unsafe working practices, but the poor attitude to safety in the organisation continued. ^[2]

After the hearing HSE inspector Melvyn Stancliffe said:

"HSE and the scaffolding industry have worked together to produce easy to follow guidance to help contractors ensure their scaffolding is safe. So there is no excuse for compromising safety – as was clearly the case here.”

"HSE takes firm action against individuals and contractors who ignore their health and safety obligations. It is essential that contractors and contract managers equip themselves with the necessary information and guidance material and apply it every time a scaffold is built."

Scaffolding can become extremely dangerous if it is not constructed properly. It is important that an experienced and fully trained person erects scaffolding as incorrect construction is a common cause of scaffolding collapsing. It is also important that all of the correct parts and components are used.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons)

Office Manager (Birkenhead) and Personal Injury Solicitor

Firm fined after worker burned in gas pipe fire

A demolition firm has been fined £10,000 by The Health and Safety Executive (HSE) for safety failing after an employee suffered serious burns when a gas pipe ignited in his face.

The employee, from Wakefield, West Yorkshire, was carrying out demolition work at a warehouse in Burton-on-Trent when he cut into a metal gas pipe that ignited in his face. He received serious burns to his face and forearms.

He was taken to a local hospital and later transferred to the burns unit at Birmingham Queen Elizabeth Hospital where he was treated over two days.

HSE investigation revealed that the incident could have been prevented if his employers had undertaken basic checks to ensure the pipe was safe. It was found that the employee was using an angle grinder to remove hardware from a mezzanine area when he cut into a metal gas pipe, unaware it was still live. It then ignited sending flames into his face and forearms.

After the hearing HSE Inspector Alastair Choudhury said:

"Injuries to workers in the demolition industry are all too common.

"Demolition activities need to be planned, supervised and monitored rigorously. However, Birstall Demolition and Plant Services Ltd failed to perform the simplest of checks to protect their employee by not making sure that the pipes were safe.

"This employee suffered serious burns, which would have been worse if he had not been wearing goggles and safety gloves. For a lengthy amount of time after the incident, he was not able to return to work. However he is now working again, for a different employer, still bearing the scars from his ordeal.

"This incident could easily have resulted in even more serious injuries; in fact he could have died."

The injuries suffered by the injured employee could have been prevented had his employers planned and implemented safety checks before such work was undertaken.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons)

Office Manager (Birkenhead) and Personal Injury Solicitor

Forster Dean's Day of Fun - May 2012

82 staff from Forster Dean Solicitors attended their annual team building/fun day on Sat 19th May 2012.

Everyone had a fantastic time at on the Rope Adventures at Carden Park - Luxury Hotel, Golf Resort and Spa which was then followed by a much needed and delicious BBQ :)

www.cardenpark.co.uk/on-site-activities/

See our photos here: https://picasaweb.google.com/110768407538584950491/CardenParkFunDayMay2012#

A LESSON TO ALL DRIVERS

Satnam Rehill v Rider Holdings Ltd (2012)

Should a bus driver who knocked over a pedestrian who was crossing a pedestrian crossing when the lights were red be to blame? The Court of Appeal said, blame should be shared 50/50 between the bus driver and the pedestrian.

This is an interesting and surprising case in which a bus company was held 50% to blame for the injuries suffered by a pedestrian even though the pedestrian was going across a crossing when the lights were red.

The Claimant was hit by the bus and, by the time it stopped, the wheel of the bus had gone over the Claimant causing him serious crush injuries. Even though the Court of Appeal found that the Claimant was “seriously blameworthy” and his lack of care made the collision inevitable, the Defendant was still held to be 50% responsible for the injuries sustained.

What was crucial to the outcome was the time it took for the bus driver to stop. The Court said that a reasonable stopping time from the moment the Claimant stepped off the pavement to the moment the bus driver should have applied his brakes was just 1.5 seconds. Had the driver stopped within this time, the serious crush injuries sustained by the Claimant may not have occurred.

I expect that many people reading the case would believe that the Claimant was to blame and that 1.5 seconds is too short of a time to impose on the bus driver to see the Claimant step off the pavement and to apply his brakes. As a driver myself, I tend to agree.

I expect that the Judge based his decision on the fact that whilst it was the responsibility of the pedestrian to have regard for his own safety, the duty of a vehicle driver must always be to pay particular attention to vulnerable road users eg pedestrians.

This case is a lesson to all drivers of how important it is to pay extra attention to vulnerable road users eg pedestrians who could step out into the road, without warning, at any time.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Nicola Mawson LLB (Hons)
Office Manager and Personal Injury Solicitor

Published May 24, 2012

CONGRATS TO JODY IN OUR BLACKPOOL OFFICE ON BECOMING A CHARTERED LEGAL EXECUTIVE

Forster Dean are proud to announce that Jody Randall, of their Blackpool branch, has recently qualified as a Chartered Legal Executive. Jody has trained and worked in the field of Law for 6 years to gain this qualification.

Forster Dean is the largest High Street Firm in the Country with 29 offices throughout the North West and Midlands. The Firm’s Blackpool office opened in August 2011 and has been a great success, helping numerous clients and members of the public in relation to both Personal Injury claims, house sales and purchases along with any general legal enquiries. Jody has worked at the Blackpool office since September 2011 and has continued the superb quality of service that Forster Dean strive to deliver.

Jody commented: “Here at Forster Dean, we pride ourselves on giving a fantastic personal and professional service from qualified Lawyers”.

 

 

Jenny Andrews, Office Manager & Solicitor added, “We believe that accident victims are best served by speaking to their local specialist personal injury solicitors rather than being harassed by non-qualified middle-men to sign up with claims handlers, possibly hundreds of miles away, who they may never meet.”

Whatever your query, the staff at Forster Dean are more than happy to help – there is no need to make an appointment! You can pop into the office at 31 Birley Street, Blackpool or call Jenny or Jody on 01253 205001.

Information regarding the HSBC’s Mortgage Panel

The Law Society has announced this week that from August 2012 all members of the Conveyancing Quality Scheme will become members of HSBC’s Mortgage Panel. Forster Dean is a member of the CQS. Since January 2012 there has only been 43 firms who could act for HSBC’S purchase clients without the client having to pay an additional cost of £192. However Forster Dean has acted for numerous HSBC purchase clients who were prepared to pay this additional cost to use our Conveyancing Department in defiance of HSBC’S panel. However we are now pleased to report that NO additional costs will be applicable from August.

Forster Dean have a great team and being a member of the CQS means our Conveyancers meet the high standards set by the Law Society, and they will give a professional, high quality conveyancing service.

Forster Dean’s Conveyancing Department specialise in: Residential Sales, Purchases, Remortgages, First Time Buying and Buy to Let Properties.

If you would like some advice about buying/selling then do not hesitate to contact our Conveyancing Department on 0808 100 2741 or click here to obtain a FREE no obligation competitive conveyancing quotation. Alternatively call into our office on 57-59 Albert Road, Widnes, Cheshire, WA8 6JS. Monday to Friday from 8.45am – 5pm.

HORRIFIC INJURY AND FURTHER MISERY FOR BIKER

Today I noticed a recent decision by the Court of Appeal in a motorcycle accident case which has produced what at first glance may seem a surprisingly harsh verdict for the motorcyclist, whilst highlighting the need for solicitors acting for injured claimants to examine the individual facts of each case very carefully.

In Robert Whiteford v Kubas UAB (2012) the court heard that Mr Whiteford had been riding his motorcycle along a single carriageway country lane when his right leg was struck by a lorry travelling in the opposite direction. He suffered serious injury, losing the leg. The court of appeal dismissed Mr Whiteford’s claim for compensation for the injury he received as a result the collision. This was despite the fact that expert evidence agreed that the lorry had been travelling with its front wheels on or slightly over into Mr Whiteford’s side of the road at the time of impact.

The reasoning behind this is based on the very specific circumstances of the collision. The road was narrow and Mr Whiteford conceded that he had been riding close to the white line rather than more to the centre of his side of the road.

The court found that it was reasonable for the lorry driver to give himself a reasonable amount of room and that if he were to attempt to drive any closer to the edge of the road this would have created risks of its own. This together with a finding that a motorcyclist taking a proper line would have been able to pass without colliding with the lorry resulted in the claim being lost.

So a claim which would have initially looked like a clear win for the motorcyclist was actually lost.

What this case tells us is that no two accidents are the same and it provides clear authority that detailed evidence must be obtained and then carefully weighed by the accident solicitor in every case. At Forster Dean we act for injured motorcyclists and therefore follow the outcome of motorbike cases closely. I will be interested to see if Mr Whiteford appeals this decision given that he conceded that he could have ridden more to the centre of the lane. I also wonder whether this type of accident may be viewed differently in future given the increasing push to keep large vehicles away from unsuitable and narrow roads.

 

 

If you or a member of your family has been involved in a motor cycle accident or any other type of accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk You can also follow us on Twitter (@ForsterDeanLtd) or Forster Dean Solicitors on Facebook.

Matt Cooper LLB (Hons)

Office Manager and Personal Injury Solicitor

Published May 18, 2012

Firm hires: Nadia Kerr at Forster Dean Limited

Firm hires: Nadia Kerr at Forster Dean Limited