At Trethowans, our specialist personal injury solicitors James Braund and Emily Green, based in our Poole office in Dorset, recently concluded a complex and significant fatal injury claim arising from a tragic workplace accident.
The incident
The case involved Mr W, who was working on a farm when a concrete panel wall collapsed, causing catastrophic injuries. Despite emergency services attending, Mr W was sadly pronounced dead at the scene.
Mr W was survived by his wife and children, for whom James and Emily pursued a claim against the farm to secure justice and financial stability.
Investigation and inquest
Initial investigations revealed critical safety failings. The concrete panels used to construct the wall had been too small to fit between the vertical stanchions supporting the roof. As such, horizontal cantilever box sections had been welded from one stanchion and bolted to one end of the concrete panel.
An inquest took place, lasting several days, at which the family was represented by a barrister instructed by James and Emily. The jury in the inquest considered that, due to its construction, the wall was held in place by weaker fixings than elsewhere on the farm and that the collapse of this wall was contributory to Mr W’s death.
The Health and Safety Executive (HSE) also issued improvement and prohibition notices and, following the inquest, the Coroner instructed them to put out a safety warning to farms regarding the risks of walls built in this manner.
Legal action and settlement
Despite the inquest findings, the farm denied liability, seeking to blame the builders of the wall. James and Emily argued that the farm had a non-delegable duty of care as the employer. Additional investigations and expert engineering evidence supported the claim, and court proceedings were initiated.
Further investigations were undertaken and expert engineering evidence was obtained. Court proceedings were issued and following service of these proceedings, the parties agreed to attend a joint settlement meeting in summer 2024, which resulted in the claim being settled for a significant 6-figure sum.
Client feedback
Ms W shared her gratitude:
“Thank you for the exceptional legal services you have provided. James and Emily have lightened my load during a difficult time through their professionalism, compassion and kindness. I will forever be grateful for their commitment which has led to the secured outcome. Please accept our thanks for your dedication and hard work from myself and the children”.
Reflecting on the case, James said:
“The facts of this claim are extremely sad. This accident should not have happened. This settlement will not bring Mr W back nor will it ever truly compensate the family. However, hopefully it will go some way in securing the family’s financial future.”
If you or someone you know has suffered due to a workplace accident, our experienced team is here to help. Contact us today for compassionate and expert legal advice.