A recent interesting case (Ford v Silverstone) considered the relationship between two friends, where one was helping the other with gardening work and suffered an injury in the process.
The claimant was helping his friend with some ground clearance and put his hand into a wood chipping machine, which caused three fingers to be severed. He alleged that he had seen his friend do the same thing, and that a missing key meant the chipper was usually unblocked without being switched off.
The Court found that the friend did not owe the claimant a duty of care in these circumstances, as it did not accept that he had showed the claimant how to unblock the chipper in this way or that the key was lost.
However, the judge did make a side comment that if the claimant’s evidence had been accepted, then the friend may have owed him a duty of care and may have been liable (partially at least) for his injury.
Injuries can happen in all sorts of circumstances, not just where there is a formal and structured relationship between the parties – e.g. not just where someone is in an employer/employee relationship. If you have suffered an injury and someone else was involved, then you should take legal advice as to whether or not it might be possible to pursue a personal injury claim against that other party.
How Nelsons Can Help
Nelsons are highly experienced in dealing with accident compensation claims. If you have suffered an injury, please contact us via our online form or call 0800 024 1976 to see if our Personal Injury solicitors can assist you in pursuing a claim for compensation.