Carrs Solicitors win a claim for a factory worker from Preston
Carrs Solicitors has represented a 63 year old factory worker from Preston who suffered a severe crush injury to his arm, which became entrapped due to a defective machinery accident at his workplace.
If an accident is caused by defective work equipment the Court of Appeal has ruled that this is to be treated as in breach of an 'absolute' obligation under the Provision and Use of Work Equipment Regulations Stark v Post Office  ICR 101.This meant that we were able to establish liability very early on without having to consider expert engineering opinion.
Our client suffered a compound fracture of the right humerus significant soft tissue injury to the forearm and required surgery resulting in scarring and a lengthy recuperation and early retirement. We instructed an eminent upper limb specialist whose opinion assisted in our negotiations with the insurers.
The insurers offered to settle the claim for £50,000 Carrs Solicitors advised our client to reject this and secured a negotiated a settlement of the claim for a total sum of £72,500 plus the cost of therapy to assist in the recovery process.