Liability admitted by forklift truck owner following devastating tyre blowout

Our client was injured when a tyre exploded on a nearby forklift at the site where he was working. The forklift truck owner accepted liability.

Our client was injured when a tyre exploded on a nearby forklift at the site where he was working.  Debris collided with his leg at force, causing an open fracture of the right femur, which required internal fixation surgery.  Our client initially appeared to be recovering well, but following a period of prolonged pain it was confirmed there was a non-union of the fracture and our client required further internal fixation surgery.

A third bout of surgery was required thereafter and some of the internal screws were removed to help alleviate some on-going pain, but our client has been left with permanent pain and on-going symptoms.  Our client was unable to return to work and had been employed in the capacity of an experienced rigger, having been with his employer in excess of 30 years at the time of the accident.   The injuries had a significant impact upon our client and his family.     The accident caused psychological as well as physical harm, resulting in significant loss of earnings, and has left our client classified as disabled. 

An accident at work claim was initially pursued against our client’s employer on the basis of their non-delegable duty owed to their employee, however they were able to deny liability, having taken all reasonable steps to ensure the safety of their employee.  The employer suggested that a claim against the company that owned the forklift could be pursued.

The tyre had been changed a month prior to the accident and the wheel had not been replaced securely.  The forklift truck owner accepted liability and a six-figure settlement was reached to compensate our client for past and future financial loss, as well as his pain, suffering and loss of amenity.