$75,000 compensation claim for ankle injury caused by moving tractor on a farm

PUBLISHED 03 Aug 2014

Our client went for a weekend visit to a friend who owned a farm. The visit was a social visit however the client offered to assist with some farm duties. He was asked by his friend to fill the tractor tank with diesel however he was not instructed by him in this procedure or how tractors operate. While attempting to fill the diesel tank the tractor suddenly moved into gear knocking the client to the ground and passing over his right ankle with the wheels. As a result of this accident the client suffered a injury involving a fracture of the ankle.

Our client was unable to work for a number of months but ultimately returned to work without any loss of income.

He came to our firm seeking advice about the compensation claim for his injuries.

A negligence case was commenced based on a number of allegations of negligence including the failure to properly instruct or worn our client of the danger associated with the tractor not being properly managed and attended to, failure to ensure the tractor was switched off, failure to properly supervise our client and ensure he was clear of the tractor amongst other more extensive grounds.

The matter was defended by the owner of the farm and the version of events on how the incident occurred as described by the farm owners varied greatly from our client’s version of events.

A settlement conference was organised and held at the offices of the solicitors for the farm owners. It was a long and difficult conference as the parties different version of events was causing negotiations to break down. In an attempt to convince the defendant’s solicitor and the representative from the insurer, we allowed our client to be questioned directly by the other side and following his honest and frank answers, this had an effect on the defendant and thereafter offers began to flow.

Ultimately the compensation claim settled for some greater than $75,000. A client was extremely happy as it is allowed to move on with his life and begin with an amount of money to assist in running of his business. A very pleasing result noting the difficult circumstances and good recovery by the client

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