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Stable hand’s personal injury claim dismissed as everyday mishap was not employer’s fault
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The High Court dismissed a personal injury claim brought by a former stable hand against his employer, a racehorse trainer, finding that the plaintiff's injury while emptying a wheelbarrow was an unfortunate everyday mishap and not due to an unsafe system of work. The court applied common sense and skepticism, as guided by precedent, and concluded that the employer was not liable for an incident that could just as easily have occurred at home. The claim, which was not properly pleaded and only surfaced years after the proceedings began, was deemed not credible and inconsistent with the plaintiff's experience with wheelbarrows. The court emphasised that employers are not insurers of their employees and that the presence of insurance does not affect liability for everyday accidents.
personal injury claim, employer liability, unsafe system of work, common sense, skepticism, everyday mishap, wheelbarrow, stable hand, racehorse trainer, High Court, negligence, Rosbeg Partners v L.K. Shields, Nemeth v Topaz Energy Group Limited, Civil Liability and Courts Act 2004, pleadings, insurance, workplace accident, employer not an insurer, verification of pleadings, expert evidence, common sense application, dismissal of claim.
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