The claimant had to open a set of heavy double doors at a school. She secured them with a hook and eye catch to the wall. As she pushed her trolley through the doors, one came free of its catch and closed heavily on her wrist, injuring her. Her case was that the hook was bent and she pleaded breaches of PUWER 1998 and the Workplace Regulations.
The headmistress for the defendant gave evidence that the door had released itself from this hook on an occasion shortly after she investigated the accident. The caretaker did not give any particularly convincing evidence about regular inspections as to safety.
The Judge accepted the claimant’s version and strict liability followed.
Nottingham County Court, 8 April 2008.
A cook spilled some meat juice. The claimant was on the other side of her bank of ovens and did not see this spillage. The dishwashing machines were operating so it was noisy. She denied hearing a warning from the cook.
The Judge held that although the warning had been given it was insufficient as the claimant would not have seen the spillage or heard the warning due to the noise.
The cook admitted in cross examination that she could have stood over this spillage while a colleague got the mop and bucket and that she had been negligent.
Manchester County Court, 29 February 2008.