A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site.
The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them snapped. It was established that the strap should not have been in use as its safety certificate had expired. In addition, an exclusion zone designed to ensure that no one was standing underneath the crane had not been enforced.
A claim was brought on behalf of the man's estate against his employer. His father, who worked for the same company and had witnessed the aftermath of the accident, also pursued a claim for psychiatric injury as a secondary victim. The company initially denied liability despite having previously pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 in respect of the accident, following a prosecution brought by the Health and Safety Executive.
After the company failed to comply with court directions, an application for an 'unless order' was made, so that its defence would be struck out unless it complied fully. The day before the High Court was due to hear the application, the company admitted liability in full and a judgment order was agreed. The amount of damages would be the subject of negotiation.