In this article, we'll explore a case that underscores the importance of adopting safe work practices. It’s a reminder that whether you’re an employer or not, prioritizing safety when delegating tasks is essential.
The case of Sartin -v- Layfield [2023] provides an example of an unsafe method of work.
Mr Sartin was badly injured as a result of an accident in 2017. At the time of the accident, he was a visitor at Layfield Lakes, a fishing lake owned by the Defendant.
Mr Sartin began fishing at the lake in 2014 and paid an annual membership fee.
Mr Sartin alleged that in 2014 he was asked to join a work party. The general idea was that in return for helping out with maintenance work at the lake, the Defendant would exempt Mr Sartin from paying membership fees.
One of the maintenance tasks was the felling of trees. All of the equipment for this was supplied by the Defendant. Mr Sartin had no previous experience of tree felling.
On the day of the accident Mr Sartin said that he was asked by the Defendant to cut back a high branch on a tree. A chainsaw and ladder were provided by the Defendant. A Mr Reeve footed the ladder.
Unfortunately, when Mr Sartin cut the branch, it hit the ladder and Mr Sartin fell to the ground.
Mr Sartin suffered significant injuries including a fractured wrist and hip. He lost his job because of his injuries.
Mr Reeve's evidence was that prior to the accident he and others had refused to do the job as they felt it was too dangerous. Furthermore, he said that the Defendant said he knew somebody who would do the job and called Mr Sartin.
The Defendant denied liability for the accident. He denied knowledge of any informal working party arrangements. He claimed that Mr Sartin saw the branch and voluntarily tried to cut it by using equipment without permission.
The Defendant did not attend the Court hearing.
The High Court Judge believed Mr Sartin's evidence rather than the Defendant's.
The Judge decided that the Defendant: "Did not undertake any assessment of the risk involved in using a chainsaw at height. He did not ensure that Mr Sartin was using a safe method of work, nor did he provide any kind of training or instruction on how to carry out this work without Mr Sartin causing harm to himself or others, or being at risk of causing harm to himself or others".
Mr Sartin won his case.
The Judge awarded Mr Sartin nearly half a million pounds in compensation for his injuries and losses.
However, it is understood, that the Defendant may be appealing the outcome
If you or someone you know has suffered a personal injury in the workplace, it’s crucial to get the right support and advice. Workplace injuries can have significant physical, emotional, and financial impacts, and the aftermath can be overwhelming.
For free and impartial advice, please call Dan Thompson at 0117 314 5275. Dan is dedicated to helping individuals understand their rights and the steps they can take following a workplace injury. Alternatively, you can complete the form below.