The courts are often called upon to sanction treatment for patients whose ability to make...
A tree surgeon who suffered devastating injuries when a cherry picker toppled over, hurling him from its basket to the ground, has been guaranteed substantial damages after the High Court found that the rented machine was not fit for purpose.
The man had hired the elevated platform in order to prune awkward branches which overhung a house and garden. He suffered a spinal cord injury, smashed teeth and fractures to his ribs, pelvis and right leg when the machine slipped off its pads and fell to the ground. One of his employees was also badly injured.
He brought a personal injury claim against the firm from which the cherry picker had been leased. In upholding his claim, the Court found that the machine had not been safe to use in that the pads had not been fixed in place and stability sensors had failed to sound the alarm.
Following the hearing, the tree surgeon said, "I understand the machine is no longer in production and that new machines on the market have a significantly different design to make them safer. I hope that my case raises awareness of the importance of making sure that you have the right tools for the job and that working with heavy machinery can be dangerous."