Our client had been required by his employers to operate a cherry picker mobile elevation platform. He was using the machine to gain access to an industrial roller shutter in an attempt to diagnose a fault with the shutter.
Due to his close proximity to the shutter and lack of training in relation to the use of the cherry picker, the claimant sustained an entrapment injury which resulted in a fracture to his wrist.
At the trial, the court found that the employers were at fault for not ensuring that there was a sufficient barrier between the claimant and the moving parts of the machinery, and that the employer’s risk assessment was insufficient and had failed to take adequate account of the claimant’s lack of training and experience. Damages were awarded to the claimant following trial.
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