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01 January 2010
In our case in the Court of Appeal in Northern Ireland it has been ruled a needlestick injury was not trivial and unworthy of damages.
The claim below appears to set the bar lower for the nature of behaviour in Protection from Harassment Act claims that give rise to liability.
The claimant was on a ski holiday and went on a separately booked night time tour for a toboggan ride. Thus The Package Travel Regulations 1992 did not apply.
The claimant was in a martial arts class. The defendant was the instructor who carried out a “take-down manoeuvre” on the claimant, injuring her knee.
The interesting thing about this case is that no party actually suggested a safer mechanical way to do the lift in question but the Judge did not find that it was necessary for him to know of another way to conclude that the defendant should have investigated and discovered one and their failure to do so was a breach of the Manual Handling Regulations.
A claimant was walking home at 3am after celebrations following a rugby match and had drunk 10 bottles of beer.