Legal news

Company Held Responsible for Employee's Suicide After Work Accident 

Last month, the House of Lords ruled that a widow was entitled to damages in respect of her husband's suicide. His death was considered to be a direct result of the severe depression which his employer had admitted was a reasonably foreseeable consequence of his accident at work. 

Mr Thomas Corr, a maintenance engineer was repairing a fault on a car panel production machine when, without warning, the machine picked up a panel, swung around and severed his right ear. The accident left Mr Corr with severe headaches and tinnitus which in turn caused him to develop a depressive illness. On 23rd May 2002, six years after the accident and while suffering from a bout of severe depression, Mr Corr committed suicide by jumping from the top of a multi-storey car park. 

IBC Vehicles Limited admitted that the accident had been caused by a breach of its duty of care to Mr Corr but argued that while psychological trauma and depression had been a foreseeable result of the accident, Mr Corr's conduct in taking his own life had not and constituted a voluntary and unreasonable act that had broken the chain of causation. The company also argued that the damages claimed by Mrs Corr were too remote.

In a decision which effectively makes employers responsible for the long-term mental health repercussions of workplace accidents, the House of Lords ruled that depression had been a foreseeable consequence of the accident and that although some manifestations of severe depression might be so unusual and unpredictable as to be outside the boundaries of what was reasonably foreseeable, suicide was not.

The Court held that Mr Corr's suicide was not a voluntary, informed decision taken by an adult of sound mind but had been the reaction of a man suffering from a severe depressive illness which was itself a consequence of IBC's breach of duty. It was not therefore unfair to hold IBC responsible for Mr Corr's suicide and the damages attributable to his death were not too remote because his suicide had been a direct result of his psychological condition. 

The Health and Safety Executive estimates that almost 30,000 people leave work each year because of work place injury or illness and that more than 100 workers a year take their own lives because of factors including injury. 

If you have suffered an accident at work causing physical or psychological injury, please contact the Personal Injury Team at Winston Solicitors LLP on 0113 268 8898 or email pi@winstonsolicitors.co.uk for a free and full assessment of your claim.

Minor wins pi damages claim

Child Seriously Injured on Bouncy Castle Wins Damages Claim

A child who suffered a “very serious and traumatic brain injury” when he was accidentally kicked on the left side of his head by another child whilst on an inflatable bouncy castle has won a claim for damages thought to be worth one million pounds. 

A High Court Judge, Mr Justice David Steel, ruled on 8th May 2008 that there had been a “shortfall in supervision” on the part of a couple, Catherine and Timothy Perry, who hired the bouncy castle for their children's birthday party. 

Sam Harris, aged 11 years old at the time of the accident, suffered a fractured skull when a 15 year old accidentally kicked his head whilst they were performing somersaults on the inflatable castle. Sam had not been invited to the party as a guest but had seen the bouncy castle, located on playing fields behind the defendants' home, whilst nearby with his father. He had asked Mrs Perry if he could play on the castle and she had agreed. The High Court was told that constant supervision was required under the terms of the hire contract but that at the time of the accident Mrs Perry had her back to the bouncy castle. 

Graham Eckland QC advised after the hearing that the ruling created a legal precedent that “constant 100% supervision” must now be given whenever children play on bouncy castles or other inflatable's. Giving the defendants leave to appeal the judge recognised the potential significance of the judgment, not merely for the parents but for others who operate this equipment. 

A recent government survey estimated that there were between 3,500 and 4000 accidents on bouncy castles last year. Equipment is in most cases manufactured to the highest standard and hire companies work hard to comply with current legislation but it is now absolutely imperative that inflatable play equipment is constantly supervised and that all operating instructions are complied with. 

If you or your child have suffered any type of injury involving inflatable, playground or fairground equipment please contact the Personal Injury Team at Winston Solicitors LLP on 0845 890 2277 or email pi@winstonsolicitors.co.uk.

supporting your community

our services

We are a firm of UK solicitors regulated by the Solicitors Regulation Authority. We provide a range of legal services and are currently training and developing our team to deal with the fast changing areas of law.

Keep a close eye on our website to stay informed about developments relating to the key changes within legal areas.

further information

Click on Compensation Calculator to see how much you may be entitled to claim.

Learn more about the type of claim you have by choosing one of the areas of law.

Email: info@winstonsolicitors.co.uk

Telephone on 0113 268 8898 to speak to a specialist solicitor. Or if you are calling from outside the area, use lo-call 0845 890 2277. We are open Monday to Friday, 8.30am to 5.30pm.

We look forward to working with you as a Winning Partnership.