An anaesthetist was knocked out for a short time when he fell to the floor of an operating theatre after slipping in his own spillage of disinfectant.
The anaesthetist brought a claim for personal injury against the NHS Trust, on the mistaken belief that he had been struck by a theatre light. The anaesthetist had no recollection of what happened and relied entirely upon an incident report form filled in by a theatre nurse who assumed the anaesthetist was struck by a theatre light but stated on the report form she did not actually see what caused the accident.
The only eyewitness was another theatre nurse. She gave evidence that the anaesthetist had slipped in the disinfectant that the claimant himself had spilt.
Judgment was given in favour of the NHS Trust. The Judge found no reason to doubt the eyewitness account. It was held that the anaesthetist had clearly resented his beliefs and opinions being questioned and was in the category of “witnesses, especially those who were emotional and thinking that they were morally in the right, who tended easily and unconsciously to conjure up a legal right that had not existed”.
Slips and trips at work cause injuries to employees everyday. It is the employer’s duty to ensure the workplace is safe and carry out checks to ensure it remains safe.
It is essential that claims are investigated fully from the outset.
If you have had an accident whilst at work and it was not your fault, it is important that you take legal advice at the earliest opportunity. We will investigate the claim for you and obtain whatever evidence is required to prove what happened.
If you have had an accident at work and think you may have a claim, contact our specialist personal injury lawyers for immediate advice. Call Actons laywers free on 08081 355 355 or click here to start your claim now.