Manufacturing

Client: Logistics Company

Issue / Claim: The claimant suffered whiplash injuries when his shunter truck collided with a lorry wash at our client’s logistics depot. The claimant alleged that the vehicle’s anti-lock braking system (ABS) was defective and that this caused him to lose control of his tractor unit. The claim relied upon a breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 (PUWER), which gives rise to strict liability following Stark v. The Post Office.

Weightmans’ Investigation and Action: We conceded a possible defect with the ABS system but denied its causal relevance to the accident. We presented CCTV footage showing the events leading up to the accident in 2-second intervals, from which it was possible to calculate the speed of the vehicle prior to impact. A joint engineer estimated the claimant’s speed at approximately 30mph, and stated that, if the ABS had failed, then the vehicle’s normal braking system would probably have brought the vehicle to a safe stop, especially at normal yard speeds.

We also presented evidence from other shunt drivers that they never exceeded the rigorously enforced yard speed limit of 10 mph by more than 2-3mph, since they would be disciplined if caught. Additional evidence produced from tests conducted after the accident showed that this vehicle was easily controllable at normal yard speeds notwithstanding failure of the ABS system, which may have occurred at the time of impact.

Result: The Judge found that the claimant lost control because he was attempting a U-turn in a very confined space whilst speeding excessively, which was "foolhardy in the extreme". He held that the claimant was driving recklessly without concern for the safety of other drivers and pedestrians in the area. He accepted our submissions on the application of PUWER, and rejected the claim.