Solicitors in Digby Brown's Glasgow office acted for an airport ground handler who was injured in an accidentat work in the West of Scotland one summer.
He was carrying out a push back operation to prepare an aircraft for departure. As he was attempting to disconnect the tow bar which connected the aircraft with the tug the tow bar suddenly collapsed and landed on his foot. Despite wearing protective footwear he suffered a very painful foot injury.
Following this workplace accident, a claim was pursued against the ground handling company on the basis that the tow bar should not have collapsed in these circumstances and that our client was exposed to a risk to his safety by having to work with equipment which was not properly maintained.
The insurance company denied liability and blamed our client, an experienced employee with over 20 years’ service, for causing the accident by failing to operate the equipment properly. We commenced court proceedings and the insurers continued to blame our client in court. There was an added complication in that the cause of the collapse of the tow bar could not be specifically identified.
Digby Brown are specialists in this type of workplace accident personal injury claim and pursued the case under regulations covering the Provision and use of Workplace Equipment, Workplace Health and Safety and the common law duty on employees to the safety of those who work for them.
Our client was successful after the case was heard by a Sheriff and recovered damages. We were able to persuade the court that our client had complied with his training and had carried out the procedure correctly as he had done many times before without incident. Even in the absence of a specific cause of the collapse of the tow bar we successfully persuaded the Sheriff that the only explanation for the accident was a failure of the work equipment because it had not been properly maintained.
If you have suffered an injury as a result of an accident at work, we can help. Please either call us on 0333 200 5925 or fill in our brief enquiry form and someone will be in touch.