Lawford Kidd's Blog

The European Commission is aiming to improve working conditions across the EU with a new Strategic Framework on Health and Safety at Work 2014- 2020.

To minimise the number of workplace accidents and diseases, the Framework, which builds on the successful 2007-2012 EU Occupational Health and Safety Strategy, suggests there are three major workplace health and safety challenges to overcome in Europe. These are listed as:

Two Scottish engineering businesses have been fined for safety failings after a worker’s hand was crushed while helping a forklift truck driver to unload steel beams.

The 54-year-old was an HGV driver and had delivered the beams to a company in Stirling. He was standing on the flatbed trailer while a forklift began to unload the second bundle of steel. As it was lifted, the steel became unstable and rolled away from the forklift truck. The metal strapping broke and the beams separated, falling towards the driver.

He attempted to jump out of the way but was hit by one of the beams which trapped his feet against the flatbed trailer. He fell towards the ground with his feet still trapped and put his right hand down to break his fall.

Following a serious road traffic accident in the borders the client sustained a severe injury to his spinal cord meaning that he was wheelchair bound and required an extensive care regime for the rest of his life. Insurers for the driver after lengthy court proceedings finally accepted responsibility and a care regime was put in place covering 24 hour assistance and a new specially adapted house was built. Consultant David Sandison commented that he was delighted at the settlement which provides permanent care and security for a seriously disabled client.

For more information on how we can help you claim for road traffic personal injuries cick here.

The Faculty of Advocates has published a response to the Scottish Civil Justice Council’s (SCJC) questionnaire on pre-action protocols that require necessary steps to be taken before a case can start.

Presently, there are no compulsory pre-action protocols in Scotland. Instead there are four voluntary protocols covering: Court of Session commercial actions; personal injury claims up to £10,000; professional negligence claims up to £20,000; and, industrial disease claims.

With the Courts Reform (Scotland) Bill proposing to give the Court of Session the power to introduce compulsory pre-action protocols, last month, the SCJC began an information gathering exercise on: (1) the current use of voluntary pre-action protocols; and (2) the possible introduction of compulsory protocols.

The UK Government has announced plans to change the law in England and Wales to help ‘everyday heroes’ volunteer or go to the rescue of people in danger without the fear of being sued.

The changes will mean that judges will be required to give weight to three additional factors when deciding negligence cases:

• If the person was doing something for "the benefit of society" – to give weight to the fact people were doing a good deed like volunteering, running an event or trip, or helping out by clearing snow.
• If they had been acting in a "generally responsible way" - to make sure the court will give consideration to the fact people may have taken care when organising an activity but an accident has happened.
• If they were "acting in emergency" - if they stepped in to help someone in danger but something went wrong.

The changes will make sure that good Samaritans and community heroes will have the law on their side, the Government said.