John- Chopped by a chopping board

The frantic pace of work in restaurant kitchens is often shown on TV programmes featuring such celebrities as Gordon Ramsay. The aim to get food in front of the customer at precisely the right moment gets the adrenaline racing and adds to the glamour of the establishment. For the lowly waiters, however, this pace of work brings its own hazards.

John was a commis waiter, collecting cutlery in the kitchen to be laid at tables when his colleague was pushed from behind by another member of staff racing to attend on a customer. Unfortunately, this impact caused John’s colleague to drop the heavy wooden chopping board he was cleaning onto John’s foot causing a minor chip to his ankle bone. John had his ankle plastered at the hospital and was unable to work but his boss left him in no doubt that she expected him back very shortly if he wanted to keep his job. In the event, John went back for a short time but found the work too pressured and left to find work in a more civil environment.

John’s employers were, of course, liable for the actions of his co-workers in causing his injury and their insurers conceded liability, paying compensation of £5,000 as well as John’s legal costs in full.

This was a modest claim that was dealt with properly once it reached the employer’s insurers. John had the benefit of a no win no fee agreement and under the rules which will apply until the end of March 2013, we were able to undertake the work to an appropriate standard which included a visit to his home to take instructions as he was in plaster following his injury. The government will change these rules from 1 April 2013 so that fixed costs will be recoverable. These costs have been set at a very low level to discourage proper representation for people in John’s position.

Kevin – Propelled off his seat

4 December 2012

Kevin – Propelled off his seat

Kevin, aged two, was enjoying the view from the very front seat on the top deck of the bus. He was sitting on the inside next to his dad. When the bus driver performed an emergency stop, to avoid running into a vehicle that was dithering in front, Kevin was propelled off the seat and, being unable to brace himself, struck his forehead on a screwhead protruding from the panel in front of his seat. He was left with a laceration to his left eyebrow, measuring 17mm x 2mm, which caused a pale scar. The examining doctor to whom we sent him reported that this had a “minor cosmetic impact” but would remain with him forever.

Fortunately, scars within the eyebrow are often shielded by hair growth.

No doubt the bus driver was only partially to blame, but in such circumstances, the victim need not chase every potential defendant but need only go after one against whom some negligence can be proved. That defendant will be liable for allthe damage, and is upto him to bring in other parties (eg the car driver in this case) should he wish to allege they are partly to blame. In this case, the negligence of the bus driver was driving too fast without regard to the behaviour of the driver in front.

Negotiations with the bus company insurers led to an agreed settlement of Kevin’s claim for£3,050, which compensated Kevin for his injury and his parents for the cost of trips to hospital.

When children bring claims which are settled by agreement, the agreement has to be approved by the Court to ensure that the child has received proper compensation and that this will be preserved for their benefit in an appropriate account and not be misused by a parent (this is the case in every such claim, there was no question of Kevin’s parents taking his money). The Court will usually rely upon a written Advice from a barrister or a solicitor whether the settlement is a reasonable one. In this case it was and the Court had no difficulty in approving the settlement for Kevin. He was represented under a no win no fee agreement and the bus company insurers paid our costs in full also.