In December 2018 while our elderly client attended a car yard to assist the owner of the business in a volunteer capacity. Whilst at the car yard, our client walked towards the tyre machine which was located under an awning of a shed.
To access the tyre machine, our client needed to walk along a driveway next to the shed. As our client walked along the driveway, an employee of the car yard raised a vehicle, which was parked on the driveway, with the tynes of a forklift above head height.
The vehicle was not properly secured to the forklift tynes and as our client walked along the driveway along the side of the raised vehicle, the raised vehicle fell from the forklift tynes and struck our client on the head and back, causing our client’s legs to be pinned between the vehicle and the driveway. As a result of the incident, our client sustained injuries to his head, back, hips, left leg, and neck.
Given the circumstances of the incident, the defendant did not contest that they owed a duty of care to volunteers to ensure that vehicles raised on forklifts are adequately secured, thereby avoiding the risk of harm.
Our firm commenced proceedings against the owner of the car yard claiming they were negligent in failing to secure a raised vehicle to the forklift tynes and failing to ensure that no persons were in close proximity to the unsecured forklift.
We were successfully able to bring a claim against the car yard.
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