Landowner liable for chainsaw
30 April
09
Christopher Jones was
awarded £20,000 by His Honour Judge Vosper QC at the Swansea County
Court on the 16th April 2009.
Christopher who was
represented by Hugh James solicitors was 17 at the time of the
accident. He suffered facial injuries when the chainsaw that he was
using “kicked back” whilst he was thinning trees on the land of
Wyndham Williams near Machynlleth Mid Wales.
Christopher was helping
out Terry Heard who thinning silver birch in a 22 acre for the
farmer Wyndham Williams. Whilst Christopher was fortunate to escape
more serious injuries he is still left with facial scarring and
will require further surgery and additional dental treatment to
help him.
The Judge determined that
Mr Williams had employed Mr Heard without checking whether he was
insured to do the work and without making sure whether Mr Heard who
he had previously worked for him as an odd jobman and gardener was
competent to carry out forestry work.
His Honour Judge Vosper
QC decided having heard all the evidence that Mr Heard was not a
competent contractor and that the Defendant Mr Williams was
negligent for having engaged a person that he knew was “a part-time
jobbing gardener to do forestry work”.
The judge found the Health and
Safety Executive document entitled “Managing Health and Safety in
Forestry” http://www.hse.gov.uk/pubns/indg294.pdf
which sets out guidance for those involved in the industry
very useful and quoted from it in his judgment.
“Everyone involved in forestry work
has health and safety duties and responsibilities…… Forestry work
is dangerous. Whether you are a timber grower or purchaser,
contractor or sub-contractor, you have a part to play in making
sure people’s health and safety is not put at risk.” He held
that the landowner must ensure that the work on a particular
worksite does not affect the health and safety of other people and
that the HSE document must be taken to set good industry
standards.
Christopher Jones was delighted
with the outcome. “I was really lucky that the experts at Hugh
James were prepared to take my case on. I was recommended to Hugh
James by my first solicitors in Aberystwyth when the insurers
denied liability”
Hugh James partner Will Lysaght
commented “I am absolutely flabbergasted, I did not think that
there was a cat in hell’s chance of the case winning. As far as I
am concerned the boy done good”
Cenric Clement-Evans, Partner at
Hugh James Solicitors who represented Christopher Jones said: “This
judgment sends out a clear message that those working in the
agricultural and forestry industries cannot simply abdicate all
responsibility for health and safety by employing independent
contractors. It is essential that they ensure that those they
employ to work on their land are competent and properly trained.
Had Mr. Williams made sure that Mr. Heard was competent in forestry
work then Christopher would not now be left with permanent facial
scarring.
Hugh James Solicitors has represented many people who have been
injured at work. To consult one of our specialist accident at
work solicitors, please e-mail cenric.clement.evans@hughjames.com.