The claimant was a plasterer working at a council house. He reached for his sweeping brush and caught his right eye on the handle of a cement mixer. The rubber grip normally in place at the end of the handle had worn away, exposing sharp jagged metal.
The cornea of his right eye was ripped out causing him to lose sight. He developed glaucoma and the medication prescribed for the glaucoma caused six attacks of kidney stones, for which he had to go to hospital.
The medical expert gave evidence that, had the rubber cap been in place, he would be more likely to have suffered a black eye than the serious injury. A proper risk assessment could have prevented the accident.
PPE would also have prevented the accident. He had safety glasses for his work as a plasterer but these had slipped off as he was working because there was no band to hold them in place.
The case was settled two days before trial.
Perry -v- Cardiff County Council.