Outmoded workplace procedures and an absence of proper training and supervision culminated in a five-year long Personal Injury case and five-figure settlement for a Sintons client.
The Claimant was injured at work in 2020 after falling from a stepladder whilst clearing an obstruction from a sensor on a production line. He sustained multiple injuries including a fracture to his right wrist and right pelvis and also suffered psychological injury.
David Knipe is a Senior Associate in the Personal Injury team at Sintons. He explains how the case unfolded: “Sintons advanced a systemic failings case: inadequate and outdated standard operating procedures (SOPs) insufficient training and supervision, and a lack of proper risk assessment. Operational pressures and understaffing meant engineers were incentivised to devise workarounds to keep production running.”
The Defendant issued a robust 10-page denial letter, refused to engage in a joint settlement meeting (JSM) and made no offers. David and his colleagues persisted and last year – five years after the incident – the case went to Court in Swansea. After a five-day trial, His Honour Judge Kember found the Defendant bore primary responsibility due to systemic failures in training, supervision and risk assessment, and accepted that the method of working had become a practice in context.
David adds, “The post‑accident disciplinary process which led to the Claimants dismissal on the grounds of gross misconduct was described as inflammatory and unfair. Contributory negligence was assessed at one‑third.”
However, in 2022 the Claimant put forward a Part 36 liability offer 65/35% in his favour meaning the Claimant beat his own offer at trial and thereby benefited from a 10% uplift on damages, enhanced interest and indemnity costs.
Systemic failures caused fall
Following the five-year process from accident to judgement, The Claimant had this to say: “I would like to express my sincere gratitude to Sintons, especially to David Knipe and his team for their assistance. I’m grateful for their determination and perseverance which meant a great deal to my family and me. I’m also thankful to the barrister that Sintons instructed on my behalf, Tara O’Halloran, who made me feel that my case was important to her from the very start.”
This case, as David explains, is a stark reminder of how vital up-to-date workplace guidelines are. “Ultimately Sintons secured a liability judgment where the Court found systemic failures – outdated procedures, training and supervision – were the primary cause of a workplace fall, with one‑third contributory negligence. This judgment underlines that employers must ensure procedures reflect how work is actually being done. When systems fall behind, risk increases: up‑to‑date training, supervision and proper risk assessment are critical.”
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