Personal injury case shows how employers can be responsible for acts of their employees

Our specialist Personal Injury team represented a lady who suffered permanent scarring to her arm caused by the failure of a member of the bar staff to follow the correct Health and Safety procedures.

Vicarious Liability Personal Injury Broken Class Compensation Claim

How did the accident happen?

Our client was involved in an accident in a bar, where she received a laceration to her left elbow from broken glass. One of the waiting staff who was employed by the owners of the bar walked past our client carrying a tray of broken glass which represented a significant risk to members of public in the bar. A shard of broken glass cut our client's arm and the injury caused permanent scarring as the wound extended through the full thickness of her skin.

Following the accident our client required to attend Accident and Emergency and the laceration was stitched. The stitches remained in place for one week and she suffered pain and discomfort. Pain from this injury caused our client discomfort and disturbed sleep.

The Claims Process

Our specialist Personal Injury team requested the owners of the bar to supply them with information which should have been available following an accident occurring. These included the relevant Accident Book entry, a Safety Representatives Accident Report and First aider or similar report. Fortunately there was CCTV footage available and the owners of the bar were able to see that the member of staff did not follow the correct procedure and, as a result, the accident happened. The correct procedure in line with Health and Safety procedures would have been to cover the broken glass with a cloth therefore reducing the hazard and possibility of an accident happening.

The owners of the bar embarked on an internal investigation and took action against their employee for their failure to follow the correct Health & Safety procedures. Our team are experienced in representing people who are injured in public places so we were able to intimate our client's claim in the correct legal terms and asked for recovery of specific documents.

Fortunately the insurance company appointed to represent the owners of the bar admitted that the accident happened as a result of the acts and omissions of their employee. This means that liability (fault) was admitted by the other side.

Evidence to prove our client's loss

In terms of the law of damages it is necessary for the person who was injured to prove their loss - in our client's case their loss was the Personal Injury they suffered and services that were provided to our client.   It was necessary for us to exhibit photographs of the laceration and our client supplied us with clear evidence of this to assist us. In addition it was necessary for us to supply medical evidence to outline the nature and extent of our client's injuries. This was done by the instruction of a relevant medical expert who provided a full medical report that was exhibited to the other insurance company. This report included the fact that the client endured aching and sensitivity around the scar site.

Our client was unable to do heavy domestic duties within her home and required assistance doing these and other tasks such as grocery shopping. At the time of the accident our client was at university and she was unable to continue with her normal studies and assignment work as her ability to type was compromised. We recovered compensation on behalf of our client for her pain and suffering as a result of the Personal Injury she suffered and also for the services she required.

Vicarious liability - the importance of Health and Safety in the workplace

This case shows the legal principle of "vicarious liability" at work. Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. Many employers are unaware that they can be liable for a range of actions committed by their employees in the course of their employment - these can include bullying and harassment, violent or discriminatory acts or negligence leading to loss and injury. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment. This is what happened in this case.

The employee in this case did not follow correct Health and Safety procedures and as a result our client was able to recover her losses.

Contact our personal injury solicitors

If you've suffered a similar injury our solicitors can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim.

We will be able to give you an indication of the potential value of your claim. Remember with us you keep 100% of the compensation your receive.

 

The small print: This blog is for information purposes only and should not be construed in any way as providing legal advice.