July 3rd, 2009
An officer who was badly hurt when he jumped from a bridge into a reservoir is to receive millions in compensation after a judge deemed that he had been under pressure to do so.
Charles Radclyffe, 30, was an officer in the Irish Guards in 2003 when he was carrying out duties in Germany, the Salisbury Journal reports.
His senior officer told him he should make the 65-foot leap to prove his bravery and that it would be "bad form" if he did not.
Although they were not on duty at the time, Mr Radclyffe felt under peer pressure to do so and made the jump. However, he landed in the shallow water on his knees and was left disabled.
He had to use a wheelchair for several months and still needs crutches.
An appeal court judge this week ruled that the leap was "not solely his own freely made decision" and ruled that he should receive compensation.
This is likely to run into millions of pounds and Mr Radclyffe is also to receive a £200,000 advance damages payment from the Ministry of Defence.
The Armed Forces Compensation Scheme, established in 2005, provides compensation for all injuries, ill health and deaths that occur mostly during service.
Tags: Appeal Court, Armed Forces, Bravery, Compensation Scheme, Court Judge, Crutches, Damages, Deaths, Ill Health, Irish Guards, Knees, Leap, Ministry Of Defence, Peer Pressure, Radclyffe, Salisbury Journal, Shallow Water, Soldier, Wheelchair
Posted in Personal Injury News | No Comments »
June 11th, 2009
Employers who allow the use of quad bikes or all-terrain vehicles (ATVs) have been warned by the Health and Safety Executive (HSE) that they must ensure their safe operation.
The warning comes after an employee of Kelloe Mains Farm near Duns was killed after suffering fatal head injuries while operating an ATV.
Grant Shannon, 34, had worked on the farm for only three days when he was asked to help bring some cows in using the bike. He agreed, although he had not received any formal training to use the vehicle and had not been provided with a helmet.
Mr Shannon hit a tree and died at the scene.
R & J McDonald, the owners of the farm, were fined and prosecuted by the HSE and inspector Gillian McLean said those using quad bikes should be provided with adequate training, well-maintained vehicles and appropriate head gear.
"Sadly, farming is a dangerous business, and the numbers of deaths and injuries to farmers, workers and members of the public is unacceptable," she added.
Employers must carry out risk assessments for all perceived dangers and provide measures to prevent accidents where appropriate.
Tags: Accidents, Amp, Atv, Cows, Dangerous Business, Deaths, Farmers, Farming, Gillian, Head Injuries, Health And Safety, Health And Safety Executive, Helmet, Mains, Mcdonald, Measures, Quad Bikes, Risk Assessments, Shannon, Terrain Vehicles
Posted in Personal Injury News | No Comments »
June 4th, 2009
The Health and Safety Executive (HSE) has warned that companies face prosecution and possible compensation payouts if they fail to ensure the safety of their workforce.
Shorts Group of Ascot was recently fined under safety regulations after an employee sustained severe injuries in an accident.
The unnamed man, a demolition labourer, was working on a construction site in May 2008 when the skip-loading dumper he was on overturned. The worker had not received any training to use the vehicle and was trapped underneath.
He badly hurt his foot and the HSE took action against Shorts Group for its negligence.
Karen Morris, HSE Inspector, said: "Dumpers are involved in around a third of construction transport incidents, causing many deaths and serious injuries … we expect trained and competent operators at all times."
Safety regulations state that employers should make sure all workers are competent and fit to use all vehicles and machines at work.
By law, firms must give employees sufficient training in safety measures when they first start with the company and whenever they begin to carry out new tasks which involve risks.
Tags: Ascot, Companies Face, Compensation Payouts, Construction Site, Deaths, Demolition, Dumpers, Face Prosecution, Health And Safety, Health And Safety Executive, Hse, Karen Morris, Law Firms, Machines At Work, Negligence, Safety Measures, Safety Regulations, Unnamed Man, Work Health, Workforce
Posted in Personal Injury News | No Comments »
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
Posted in Personal Injury News | No Comments »
February 20th, 2009
The victims of a road accident in 2003 are to receive compensation after it was ruled that the driver of another car was responsible for their injuries.
Minh Lac and his passengers Phi Ly and Duc Duong were driving along the A13 in Canning Town when their car skidded on a diesel spill and crashed off the road, the Newham Recorder reports.
However, after getting out to inspect the damage, the group was hit by another car which had skidded on the diesel, driven by Frederick Clayton.
Mr Duong was killed and the others were left with serious injuries. The survivors and Mr Duong’s widow sued Mr Clayton.
He was ruled to be 100 per cent liable for the accident and must now pay compensation to the victims, although the exact sum has not yet been decided.
According to the Royal Society for the Prevention of Accidents, there were 2,943 deaths on Britain’s roads in 2007.
Tags: A13, Canning Town, Crash Victims, Deaths, Diesel Spill, Duc, Duong, Ly, Newham Recorder, Phi, Prevention, Road Accident, Road Crash, Royal Society For The Prevention Of Accidents, Survivors
Posted in Personal Injury News | No Comments »
