We recently settled a case out of court for an employee injured as a result of using a defective lift in the building where she worked. Our client tripped and fell on exiting the lift because it had failed to reach ground level. As a result of falling to the ground, our client sustained a fractured wrist.
Liability for the accident was initially disputed by her employers on the basis that they had an agreement with a lift maintenance firm which, they argued, was responsible for the lift inspection, maintenance and repair. However, given the lift was within the work building and deemed work equipment under the relevant regulations, it was their responsibility. Liability was subsequently admitted by the employers although it was expected they would pursue the lift maintenance firm for their outlay or a proportion of this.
After obtaining medical evidence in support of the injury sustained, a settlement of £12,500 was achieved on the basis that our client had made a full recovery.