Peter Aspinall, a 64 year old hotel worker from Bolton, has claimed in excess of £1000 after falling 14 feet from a Sycamore tree in the Egerton House Hotel grounds.
Mr Aspinall made the work accident compensation claim after falling from the tree whilst trimming it. The branch that Aspinall accidentally cut was the one on which his ladder was perched, according to a Daily Telegraph article.
After cutting the branch on which Mr Aspinall had supported his ladder, he fell, resulting in a broken heel and some ligament damage. The personal injury that was suffered gave Aspinall reason to take legal action against his employer and claim for compensation.
Several health and safety experts agreed that the employer had not performed necessary risk assessments associated with gardening work. Furthermore, Mr Aspinall had not been appropriately trained in order for him to correctly position his ladder.
The hotel owner pleaded guilty to breaches in health and safety policies. The resulting charges were a £1000 fine with an additional £1000 in council costs. The owners also face a further £15 victim surcharges.
Mr Aspinall claimed to be embarrassed by the fashion in which the accident had occurred but will still pursue a civil claim for the personal injury he sustained. The hotel owner stated that had she had been present on the site at the time, she would have sought to employ a specialist tree surgeon to undertake the job.
Unbelievable! They should have given him the “Darwin” award.
Comment by Michael Moore — August 6, 2010 @ 1:54 pm