March 30th, 2009
The Ministry of Defence (MoD) has made an admission of liability for the deaths of 14 servicemen in Afghanistan three years ago.
In what is being described as a legal landmark, the organisation admitted that there were significant failings in the protection of the servicemen – including inadequate fire protection – after legal action was brought about by the families of Sergeant Benjamin Knight, 25, and Flight Lieutenant Steven Swarbrick, 28.
The RAF Nimrod XC230 vehicle exploded in mid-air after refuelling on September 2nd 2006, killing all on board.
A statement from the MoD said: "The defendant owed to the deceased a duty of care and the accident was caused by a breach of that duty of care."
The new development could provide new hope for other families hoping to claim damages from the MoD, since the compensation is likely to run into six figures.
The Armed Forces Compensation Scheme, established in 2005, provides compensation for all injuries, ill health and deaths that occur mostly during service.
Tags: Admission, Afghanistan, Armed Forces, Benjamin Knight, Breach, Compensation Scheme, Damages, Deaths, Defendant, Duty Of Care, Fire Protection, Flight Lieutenant, Ill Health, Legal Landmark, Ministry Of Defence, New Hope, Raf Nimrod, Sergeant, Six Figures, Swarbrick
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February 17th, 2009
A contractor has been prosecuted by the Health and Safety Executive (HSE) after a workman suffered a serious injury in a fall.
The unnamed 59-year-old bricklayer fell internally through a stairwell from the first floor of a house that was under construction in Castleford, which is situated close to Pontefract in West Yorkshire.
He landed on his head and suffered serious injuries.
The main contractor of the site – Ballenwood Properties – admitted to a breach of the 2005 legal regulations for working at height and was fined.
HSE inspector David Welsh said that falls from height are a major hazard within the construction industry, but that the easiest way to avoid them is to cover all openings such as unfinished staircases.
"A significant proportion of the falls from height that occur on sites every year are internal falls and the risks are frequently not dealt with adequately," he added.
Tags: Breach, Bricklayer, Castleford, Construction Industry, Health And Safety, Health And Safety Executive, Hse, Main Contractor, Proportion, Staircases, Stairwell, Welsh, West Yorkshire, Worker Injury, Working At Height, Workman, Yorkshire
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October 13th, 2008
A council has been issued with a heavy fine after a man was injured in a fall.
The unnamed man, a drama teacher, was managing a production at Lyric Theatre in Carmarthenshire when he fell down an open lift shaft.
A subsequent investigation found that the lift was defective, but that safety barriers had not been put in place to prevent use of the lift.
The victim suffered a shattered right arm and a fractured eye socket in the accident.
Carmarthenshire county council was fined £20,000 for all three breaches of health and safety regulations, as well as £5,000 for a breach of the Lifting Equipment Regulations.
It was also ordered to pay a victim surcharge of £15, and costs totaling £7,712.
HSE Inspector Clare Owen commented: "This was an obvious risk for a theatre space and the simple systems needed to prevent incidents such as these should have been in place."
Under the Work at Height Regulations 2005, every employer should make sure that work is not carried out at height when it can be successfully carried out at ground level.
Where work at height is carried out, employers are legally obliged to take adequate steps to prevent falls.
Tags: Adequate Steps, Breach, Breaches, Carmarthenshire, Drama Teacher, Fractured Eye Socket, Health And Safety, Lift Shaft, Lifting Equipment Regulations, Lyric Theatre, Right Arm, Risk, Safety Barriers, Safety Regulations, Subsequent Investigation, Theatre Space, Unnamed Man, Victim Surcharge
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October 3rd, 2008
A couple who had their baby taken away have been paid compensation at the European Court of Human Rights after they were cleared of child abuse.
The couple, who cannot be named for legal reasons, had their baby taken into care after a broken leg led doctors to believe they were abusing her.
However, brittle bone disease was later diagnosed and she was returned to her parents, the Daily Mail reports.
The couple took legal action against the doctors, claiming that they should have spotted the condition sooner, but this was rejected by British courts.
So, they took the case to the European Court of Human Rights, where the judge ruled it was against their civil liberties that they had not been able to sue the hospital.
"The applicants should have had available to them a means to claim that the local authority’s handling of procedures had been responsible for any damage they had suffered and to claim compensation," the judge concluded.
They have now been paid £8,000 in compensation for the breach of their human rights.
Article 13 of the Remedy for Violation of Rights Act states that everyone whose rights are violated shall have an effective remedy before a national authority, notwithstanding that the violation has been committed by persons acting in an official capacity.
Tags: Act States, Acting, Breach, British Courts, Brittle Bone Disease, Broken Leg, Child Abuse, Civil Liberties, Daily Mail, Doctors, European Court Of Human Rights, Local Authority, Parents, Remedy
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September 16th, 2008
Two construction companies have been prosecuted by the Health and Safety Executive (HSE) after an accident in which several employees narrowly avoided injury.
The incident happened in February 2007 in Warrington, when a 35-tonne truck with a telescopic crane overturned.
Its driver had to leap clear of the vehicle, while two other workers were narrowly missed by the beam that was being carried by the crane.
HSE inspector Nic Rigby said the accident could have been avoided if the operation had been properly managed.
"The crane overturned because it was being operated in a part of the site that had not been prepared for such activities. The roadway was not wide enough to accommodate the outrigger spread of the crane," she commented.
AMEC Group, the main contractor, was fined £10,000 plus £9,143 costs, while Leach, the company that operated the crane, was also ordered to pay a £1,000 fine and £9,143 costs.
The most commonly used law in relation to crane accidents is the Construction (Health, Safety and Welfare) Regulations 1996.
Companies that breach these regulations may be prosecuted and workers who have been injured may be eligible for compensation.
Tags: Breach, Construction Companies, Construction Health Safety And Welfare Regulations, Construction Health Safety And Welfare Regulations 1996, Crane Accident, Crane Accidents, Health And Safety, Health And Safety Executive, Health Safety, Hse, Leach, Main Contractor, Nic, Outrigger, Rigby, Roadway, Telescopic Crane, Tonne, Warrington
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