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Builder’s compensation following roof fall

11 June 2009

Mr X, a builder instructed by his employer to remove wet tarpaulin from a steel roof without proper safety equipment or a safe system of work, received £3,000 for a rib injury after falling from the roof.

What we did

Mr X instructed us after he had fallen from the roof onto scaffolding below, landing on his left arm and breaking a rib.

Despite the fact that the defendant in the claim denied liability throughout, alleging that Mr X had been the author of his own misfortune, we continued to claim that the defendant had allowed him to work in an unsafe way and without safety equipment, and agreed a settlement on a 50/50 basis.

Background

Mr X was working on a steel roof. The scaffolding behind him was set low – a 5ft drop from where he was to the scaffolding board. He and colleague were pulling tarpaulin off the roof.

It had been raining since Mr X’s last visit to the site, and someone (another employee of the defendant) had put plastic sheets over the roof to protect it from the rain. As a result, water had collected in dents between wooden frames.

Mr X and a colleague were instructed to get the water off sheets. They were told it was essential not to let any water get onto plastering that had been done in the rooms below.

To flick the water off the tarpaulin, Mr X claimed it was necessary for him to stand on the steel roof edges, which became slippery when wet. Mr X slipped off the steel struts and fell onto the scaffolding below.

He fell backwards and hit his right arm on a wall, which flipped him over. He landed with his left arm under his ribs, causing a rib to be broken. As a result of the accident, Mr X was unable to work and decided to sue his employer for his losses.

Mr X’s employers claimed he was contributory negligent in failing to take steps to keep himself safe.

Case handler

This claim was handled by Sue Prior, a senior solicitor in the Serious Injuries Unit, at Basingstoke. Sue has nine years’ experience of claimant personal injury work and is a member of Association of Personal Injury Lawyers. Sue’s work contains complex multi-track claims, including claims arising from motorcycle accidents involving multiple serious injuries, head injures, and fatal accidents.

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Get in touch

Susan Prior

Solicitor
T: 08700 86 6370
I: +44 (0)1256 69 6370
E: prior.sue@shoosmiths.co.uk