Our client was involved in a collision after being given insufficient instructions
This week’s case of the week comes from the tracks and involves a train driver client.
Whilst driving a train through a worksite the site supervisor failed to provide our client with sufficient information and instruction and this led to them driving the train above the speed it should have been, leading to a collision and injuries.
The operator of the site failed to accept responsibility and the case proceeded to a trial.
At the trial the Judge concluded that the operator owed our client a very high standard of care owing to the nature of the work being undertaken, and had breached that duty of care because of the poor information and instructions by its supervisor. The Judge awarded our client compensation for his injuries.
Our client was reliant on information provided to him by someone in a position of trust and responsibility. That person failed in their duties, and the operator of the site should have accepted the consequences that followed.
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