Lucy Coulson was recently successful at a split trial in the County Court at Walsall.
The Claimant was employed by the Defendant in a warehouse to scan boxes, a job that the Claimant said was high pressure and required her to work at high speed. The Claimant was scanning a stack of boxes, but was unable to scan one of the boxes due to the box being incorrectly stacked, with the label hidden within the stack. The Claimant sought to turn the box around, when the box above fell from the stack and hit the Claimant on her knee. As a result, the Claimant sustained a severe and persistent knee injury, requiring surgery and still under investigation at the date of trial.
The Defendant sought to produce evidence that the Claimant was adequately trained for her role, but failed to present any witness evidence at trial or any evidence that the Claimant was trained in a language that she understood. The court found that the Defendant had failed to provide the Claimant a safe system of work, in that one of the Defendant’s employees must have incorrectly stacked the boxes, thereby necessitating the Claimant to move the boxes to look for the label. Accordingly, the Defendant was found to be in breach of their duty of care.
The court went on to make a small finding of contributory negligence against the Claimant, who must have been aware of the risk of the box falling on her.
Quantum is yet to be determined as the Claimant seeks to finalise her medical evidence.
Thank you to True Solicitors for the instructions.
