On 6 June 2017, a civil jury of six found that an employer was not liable for an injury arising out of an incident which occurred during the course of the plaintiff's employment as a warehouse assistant.
The plaintiff alleged that his employer was liable for an injury he sustained while operating a stand-up forklift. The plaintiff alleged that his foot slipped from the forklift pedal and became crushed between the forklift and the wall of the employer's premises. The plaintiff, who was 41 years of age at the time of the incident, alleged that he has been unable to work since the injury and made a claim for damages for pain and suffering and pecuniary loss.
It was alleged that the employer was liable in both negligence and for breach of statutory duty (the Occupational Health & Safety Regulations 2007) in relation to, among other things, its failure to provide a safe system of work and allowing the plaintiff to operate the forklift in wet conditions.
The defendant alleged contributory negligence on the part of the plaintiff, alleging that the plaintiff failed to, among other things, pay attention and keep a proper lookout.
The jury found that there was no negligence on the part of the defendant which caused injury to the plaintiff. The jury also found that there was no breach of statutory duty on the part of the defendant. Having made those findings, the jury was not required to make any findings regarding contributory negligence or damages.
Note: a jury does not give reasons for its verdict.
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