Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Scottish firms penalised for health and safety failings

A number of Scottish employers have come under the spotlight recently after their health and safety failings led to workers suffering serious and in some cases life changing injuries simply as a result of trying to do their job.

Janitor loses toe in chainsaw incident

In one such incident, Fife Council was fined £20,000 after a janitor lost a toe while working with a chainsaw.

The 39-year-old had been sent to a primary school in Dunfermline to remove a tree that had blown down in the school grounds. He and a colleague had removed most of the branches and were eventually left with just the trunk and a single limb attached at above-shoulder height. He climbed onto the trunk and started cutting through the limb, but it sheared away and landed on his foot, trapping it against the trunk.

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Council fined over swing safety failure

An English council has been fined £18,000 after a ten-year-old boy sustained severe head injuries while he was playing on a tyre swing in an park, reports the BBC.

Jamie Jackson was hit on the head when the swing’s suspension mechanism collapsed and landed on top of him. He received a fractured skull and his injuries were described as “potentially life threatening” by the Health and Safety Executive.

Blackpool Council had apparently been warned on four separate occasions that the swing was faulty and in need of repair. It pleaded guilty to breaching health and safety legislation and apologised for the incident.

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New Bill to reform FAIs in Scotland

Labour MSP Patricia Ferguson has launched a consultation exercise on a proposed members Bill to overhaul the Fatal Accident Inquiry (FAI) system in Scotland.

According to Ms Ferguson, the Inquiries into Deaths (Scotland) Bill aims to create a system for investigating sudden and accidental deaths which is fit for purpose: allowing for a thorough investigation and also for lessons to be learned from the death.

The case for change

FAIs are currently governed by the Fatal Accident and Sudden Deaths Inquiries Act 1976. They take place following deaths that have occurred in a number of prescribed situations, including where deaths occur after a workplace accident or while the deceased was in custody.

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1277 Hits

Criminal liability of a partnership – Bill progresses

A Bill that makes provision for the prosecution in Scotland of partnerships, partners and others following dissolution or changes in membership, has completed its passage through Parliament.

The Partnerships (Prosecution) (Scotland) Bill is now waiting for Royal Assent, and will come into force on the day after the assent is granted.

The Bill closes a legal loophole in Scottish partnership law, which came to light after the tragic death of 14 elderly residents in a fire at the Rosepark nursing home in Lanarkshire in 2004.

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1262 Hits

Salon owner in court for insurance failure

The owner of a Herne Bay hair salon has been fined for failing to provide legally required insurance cover that enables employees to claim damages should they be injured at work.

The owner neglected to arrange Employers' Liability Compulsory Insurance (ELCI) when he took over the business last year.

Canterbury Magistrates' Court heard that an investigation by the Health and Safety Executive (HSE) in August 2012 into a complaint from a concerned employee established there was no cover in place for at least three months.

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1086 Hits

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