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SBH  
#1 Posted : 09 April 2014 08:45:48(UTC)
Rank: Super forum user
SBH

Unbelieveably we have a claim in against us for a contract cleaner injuring herself whilst cleaning a public toilet seat.The seat came away from its fitting whilst she was wiping it clean and it hit her in the knee - result claim - injury to knee. The solicitors state 1. this is work equipment that was not fit for purpose. 2. Seat was not maintained correctly 3. We failed to inform the cleaner the seat was damaged 4. We exposed the cleaner to risk of injury 5. Failed to provide safe plant and equipment 6. Failed to carry out a risk assessment - ON A TOILET SEAT. Since when does a toilet seat come under the PUWER ? Absolutely mind boggling We intend to dispute the claim vigourously, but what is happening to the claim culture and the solicitors - this is absolutely ridiculous. SBH
bob youel  
#2 Posted : 09 April 2014 08:50:56(UTC)
Rank: Super forum user
bob youel

A TS does come under PUWER so please read case law pass the claim to the cleaners employer
SBH  
#3 Posted : 09 April 2014 09:06:06(UTC)
Rank: Super forum user
SBH

Appreciate that Bob, where would I be able to find that info? SBH
JJ Prendergast  
#4 Posted : 09 April 2014 09:06:12(UTC)
Rank: Super forum user
JJ Prendergast

Assuming the resulting injury was trivial - it looks like a standard solicitors letter. Ambulance chasing and the client wants a cheap holiday. Pass to he contractors employers, for their insurance to dal with. Its rubbish like this that gives h&s a 'bad name'. Now you can see why I got out of occupational h&s - fed up with dealing with such nonsense.
chris42  
#5 Posted : 09 April 2014 09:14:56(UTC)
Rank: Super forum user
chris42

Not sure but I think Bob is referring to Knowles v Liverpool City Council 1993 - re paving slab being work equipment. Chris
Victor Meldrew  
#6 Posted : 09 April 2014 09:58:01(UTC)
Rank: Super forum user
Victor Meldrew

JJ Prendergast wrote:
Now you can see why I got out of occupational h&s - fed up with dealing with such nonsense.
Too right - I had one of my clients call me a few weeks ago..... employee putting in a claim for a bad back due to the toilets being too low!!!!!!
stevedm  
#7 Posted : 09 April 2014 10:16:35(UTC)
Rank: Super forum user
stevedm

Just how long does the employee spend there?!!!
peter gotch  
#8 Posted : 09 April 2014 13:49:16(UTC)
Rank: Super forum user
peter gotch

Robb -v- Salamis (M&I) Ltd (Formerly Salamis Marine & industrial LTS) (2006) [2006] UKHL 56 Bunk bed and removable ladder deemed to be work equipment
Thommo  
#9 Posted : 09 April 2014 13:53:00(UTC)
Rank: New forum user
Thommo

JJ Prendergast wrote:
Assuming the resulting injury was trivial - it looks like a standard solicitors letter.
My thoughts exactly. What quantum are they hoping to achieve? Following the Jackson Review it is more difficult for claimant solicitors to pursue such trivial cases, unless there is significant injury and therefore worthwhile pursuing. Fixed costs (as with fast track RTA claims) are hampering claimant firms and their vast costs for trivial, minor injuries. Can't see why a claimant firm would pursue such a case to be honest. I'm going to jump the gun a bit (as I don't know the extent of the injury) but the costs in this case would outweigh any compensation. What PSLA (pain, suffering and loss of amenity) can there be? In any event, pass it on. Insurers will sort.
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