US-style lawsuits reach the UK.......
#1
Lost in BE Cyberspace
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Joined: Jul 2007
Posts: 13,553
US-style lawsuits reach the UK.......
.... although this one could be VERY short-lived........
Caretaker who fell off stepladder sues for £50,000 over 'inadequate training'
By John Bingham
A school caretaker who was injured falling off a six-foot stepladder is suing his employer for £50,000 claiming he was not trained how to use it properly.
Anthony Gower-Smith says his bosses did not show him how to use the 6ft ladder safely, although he admits using others for at least 30 years without mishap.
Mr Gower-Smith, 73, fell while removing a card display and staples from a wall in the gym at Awbridge Primary School near Romsey, Hampshire, in January 2004. He fractured his skull, broke a cheekbone, split a kidney and spent time in the intensive care unit in nearby Southampton General Hospital, Winchester County Court heard.
Mr Gower-Smith, a former garage proprietor, is suing Hampshire County Council for liability, claiming they did not tell him how to properly use a stepladder. He is claiming damages of at least £15,000 pounds and up to £50,000 pounds. The council denies negligence.
Mr Gower-Smith told the court he had signed a form to say he had received "ladder training" but said this only consisted of being warned not to stand on the top platform or work at higher than three metres off the ground. "I thought that was the extent of ladder training," he told the court. "I didn't know there were other things regarding ladders."
Mr Gower-Smith said he started work at the school in October 2002 and had induction training with caretaker support officer Chris Higgins. He denied that Mrs Higgins had given him other safety advice such as placing the ladder at right angles to the wall being worked on. The court heard that the ladder was placed side on to the wall, potentially making it more unstable, when he fell off.
Mr Gower-Smith said he had filled in a form at work, ticking boxes to indicate he had received training about aspects of the job including ladder safety. "When you are given something to sign by your superior you just sign it," he said.
Mr Gower-Smith denied he was standing on the top platform when he fell but the court heard that he told police officers called to the incident that he had been standing on the top and had blamed himself. "I don't remember what I said," he told the court. "I was dazed. But I wasn't on the top step because I had no need to go to the top step. I was in and out of consciousness. I was blaming myself for coming off the ladder. Not until afterwards did I think about it."
In a statement of defence, the council said Mr Gower-Smith, of North Baddesley, near Southampton, was negligent, adding "The claimant knew perfectly well how to use a stepladder." Mr Recorder Christopher Moger QC asked Mr Gower-Smith if he had a stepladder at home. He said he had.
The judgement is expected this week.
Caretaker who fell off stepladder sues for £50,000 over 'inadequate training'
By John Bingham
A school caretaker who was injured falling off a six-foot stepladder is suing his employer for £50,000 claiming he was not trained how to use it properly.
Anthony Gower-Smith says his bosses did not show him how to use the 6ft ladder safely, although he admits using others for at least 30 years without mishap.
Mr Gower-Smith, 73, fell while removing a card display and staples from a wall in the gym at Awbridge Primary School near Romsey, Hampshire, in January 2004. He fractured his skull, broke a cheekbone, split a kidney and spent time in the intensive care unit in nearby Southampton General Hospital, Winchester County Court heard.
Mr Gower-Smith, a former garage proprietor, is suing Hampshire County Council for liability, claiming they did not tell him how to properly use a stepladder. He is claiming damages of at least £15,000 pounds and up to £50,000 pounds. The council denies negligence.
Mr Gower-Smith told the court he had signed a form to say he had received "ladder training" but said this only consisted of being warned not to stand on the top platform or work at higher than three metres off the ground. "I thought that was the extent of ladder training," he told the court. "I didn't know there were other things regarding ladders."
Mr Gower-Smith said he started work at the school in October 2002 and had induction training with caretaker support officer Chris Higgins. He denied that Mrs Higgins had given him other safety advice such as placing the ladder at right angles to the wall being worked on. The court heard that the ladder was placed side on to the wall, potentially making it more unstable, when he fell off.
Mr Gower-Smith said he had filled in a form at work, ticking boxes to indicate he had received training about aspects of the job including ladder safety. "When you are given something to sign by your superior you just sign it," he said.
Mr Gower-Smith denied he was standing on the top platform when he fell but the court heard that he told police officers called to the incident that he had been standing on the top and had blamed himself. "I don't remember what I said," he told the court. "I was dazed. But I wasn't on the top step because I had no need to go to the top step. I was in and out of consciousness. I was blaming myself for coming off the ladder. Not until afterwards did I think about it."
In a statement of defence, the council said Mr Gower-Smith, of North Baddesley, near Southampton, was negligent, adding "The claimant knew perfectly well how to use a stepladder." Mr Recorder Christopher Moger QC asked Mr Gower-Smith if he had a stepladder at home. He said he had.
The judgement is expected this week.
#2
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Joined: Aug 2007
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Posts: 887
Re: US-style lawsuits reach the UK.......
..falling had nothing to do with his age then... So glad I have left the UK. i wonder how many text books could be bought for 50k
#3
Lost in BE Cyberspace
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Joined: Jul 2007
Posts: 13,553
Re: US-style lawsuits reach the UK.......
I have a step-ladder at home....... I don't get on well with my real ladder.......
#5
Re: US-style lawsuits reach the UK.......
did six months handling personal injury claims so it doesnt surprise me at all!
Had one claim where a welsh chav and his mates lit a fire in a derelict building, and threw butane canisters in the fire. he claimed wasnt invloved he was just walking past when it exploded and he got badly burnt. Witnesses including two of his mates say they were pissed up, threw the cannisters in the fire and then started kumping over it.
he sued the property owner and claimed against criminal injuries compensation board.
Had one claim where a welsh chav and his mates lit a fire in a derelict building, and threw butane canisters in the fire. he claimed wasnt invloved he was just walking past when it exploded and he got badly burnt. Witnesses including two of his mates say they were pissed up, threw the cannisters in the fire and then started kumping over it.
he sued the property owner and claimed against criminal injuries compensation board.
#6
Lost in BE Cyberspace
Thread Starter
Joined: Jul 2007
Posts: 13,553
Re: US-style lawsuits reach the UK.......
did six months handling personal injury claims so it doesnt surprise me at all!
Had one claim where a welsh chav and his mates lit a fire in a derelict building, and threw butane canisters in the fire. he claimed wasnt invloved he was just walking past when it exploded and he got badly burnt. Witnesses including two of his mates say they were pissed up, threw the cannisters in the fire and then started kumping over it.
he sued the property owner and claimed against criminal injuries compensation board.
Had one claim where a welsh chav and his mates lit a fire in a derelict building, and threw butane canisters in the fire. he claimed wasnt invloved he was just walking past when it exploded and he got badly burnt. Witnesses including two of his mates say they were pissed up, threw the cannisters in the fire and then started kumping over it.
he sued the property owner and claimed against criminal injuries compensation board.
Stupid junt.........