Fatal Forklift Truck Accident at Work
Personal injury compensation award for a widow whose partner was involved in a fatal forklift truck accident at work.
A 59-year-old man who was described as ‘a joyful character’ was sadly killed at work when he was struck by a forklift truck - the personal injury lawyers at Pearson were able to secure a compensation award for £150k on behalf of his estate for his family members.
Fatal Accident Claim
The claim was made on behalf of the estate in accordance with the provisions of the Law Reform (Miscellaneous Provisions) Act 1934 and on behalf of himself and his dependants, his partner, son, stepdaughter, and brother, pursuant to the Fatal Accidents Act 1976.
As an agency driver, he had driven a trailer and parked it up, ready to be loaded at the site of Kingsland Drinks Limited, Irlam, a long-established company supplying wine to supermarkets in the North West.
As a visiting driver, he was able to walk around the site freely. However, it was discovered that there were no clearly marked walkways or signage for visitors present, and it was a busy site. He was struck by the forklift truck and knocked to the ground, causing what ultimately transpired to be a fatal head injury. CCTV footage shows the forklift truck was loaded up with pallets at the front, and as such, the driver did not have a clear view.
Health and Safety Assessment
Subsequent investigations also found that the forklift had defective brakes and warning lights, the firm's risk assessment was out of date, and whilst the risk of collision was noted as high, nothing was done about it.
It was found that the company, Kingsland Drinks Limited, breached many health and safety regulations.
The Health and Safety Executive, in their investigations said the firm's risk assessment was not only out of date, but also not fit for purpose when it was inspected following the incident. As well as the compensation claim Pearson’s Personal Injury department pursued on behalf of our client's estate, Kingsland Drinks Ltd were also fined £800,000 and ordered to pay costs of £5,600.
“It is clear in this case that the accident was caused by negligence on behalf of the occupiers of the site; they failed in their common duty of care contrary to Section 2 of the Occupier’s Liability Act 1957,” said Personal Injury Lawyer Mike Talbot.
Fatal Accident Lawyers
We acted in this case for the victim’s family and dependants, including his brother in his capacity as executor of the estate who instructed the Pearson Solicitors personal injury lawyers.
“This breach in the firm’s statutory duties exposed my client’s brother to the horrific circumstances which led to his death,” added Mike.
“When you go to work and wave your family goodbye, you do not expect to be killed whilst working and not to return home. These cases are shocking for all involved, the family, the fellow employees and friends of the victim. No amount of money can compensate them but it will help alleviate some financial burdens, and one would hope lessons can be learned by businesses to make sure it does not happen again,” he said.
How can we help
If you have lost a loved one due to a fatal accident at work or if you have been injured in a forklift truck accident, contact our experienced Personal Injury lawyers on 0161 785 3500 or email enquiries@pearsonlegal.co.uk
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