Prisoner who lost fingers in metal welding workshop loses claim

Prison law – negligence – plaintiff prisoner suffered a traumatic amputation to the fingers of his left hand while using a GEKA Minicrop sheer and punch machine in the metal welding workshop of the prison – evidential conflict between the parties concerning and surrounding the circumstances of the accident, particularly with regard to precisely how the Plaintiff sustained his injuries while using the GEKA – whether training of prisoners ought to have been on a one to one basis – post accident investigations – assessment of the plaintiff – effect of Methadone/Illicit Drugs – drugs ingested by the Plaintiff played no material role in the cause of the accident – there was no good reason why the Plaintiff should not have been admitted to the workshop on the day – did the plaintiff get an instruction not to go near or use the machine – plaintiff was not responsible for the removal of the guide-guard – Safety, Health and Welfare at Work Act, 2005 – Safety, Health and Welfare (General Applications) Regulations, 2007 – ex turpi causa non oritur actio – plaintiff has failed to satisfy the Court on the balance of probabilities that the accident occurred in the way, manner and circumstances described in evidence – plaintiff's claim dismissed.