National Trust not responsible for injury
Posted: February 11, 2014
Posted in: Falls from Heights Spine & Back Injuries Workplace Injuries
The National Trust has been declared not liable for the personal injuries suffered by a tree surgeon that had been working at Morden Hall Park in Surrey. Jamie Alexander Yates sued the trust for negligence after becoming paralysed following a 50ft fall from a tree. Mr Yates had been part of a team working on trees in the ground and suffered spinal injuries that have left him permanently paraplegic.
Mr Yates sued the trust under work at height regulations, claiming that they owed him a duty of care following the accident. He argued that he had been working on a dangerous task, carried out on the land belonging to the trust. He said that the charity failed to make sure that the work was carried out in a safe and controlled manner.
‘Action must be dismissed’
The High Court, however, recently ruled that the National Trust is not liable for an accident on land managed by the charity. The judgment from Mr Justice Nicol stated: “The claimant is entitled to compensation from the NT if, and only if, the NT owed him a relevant duty of care. I have concluded that it did not. The inevitable consequence is that this action must be dismissed.” The judge did not address who should carry the blame of the incident other than the Trust.
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