Claimants Claim Picked Off by Major Retailer

Article

30 January, 2015

Leicester County Court

The Claimant alleged that whilst acting in the course of his employment as an order picker at a major retailer, he was using a hook to pull a product forward on the bottom level of racking, when the hook allegedly got stuck in rollers causing the Claimant to sustain personal injury.

Liability was denied on the basis that the Claimant had been fully trained in manual handling, the procedure in question was not deemed to be dangerous, and there had been no other incidents or complaints regarding the hook.

At trial it was the Judge's view that the Claimant's evidence was not clear, there were no eyewitnesses and the Claimant himself was unable to comment on what had caused the hook to stick. The Judge considered that the task of 'picking' was a light system and he could not comprehend how such a light system would cause the severe jarring as alleged by the Claimant. Furthermore, the Judge rejected the allegation that the equipment was not in good working order or that the equipment was not appropriate for the task.

On the whole the Judge was satisfied that neither the hook nor the flow racking was in a state of disrepair. The Judge accepted the Defendant's evidence and stated that the Defendant operates a good system of work and that its staff are well trained. The claim was dismissed and the Defendant was awarded its costs.

for further advice, please contact Francesca Garvey by email francesca.garvey@forbessolicitors.co.uk or on 0113 386 2692.

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