Patrick Lynch, a yard man, who was employed by Cavan Co-op Mart suffered an injury to his scrotum when he was kicked by a limousine bullock at Cavan Mart on the 24th October 2003.
Mr. Lynch sustained significant trauma to the scrotum which gave rise to a haemorrhage which caused damage to his right testicle.
Mr. Lynch issued legal proceedings against his employers and claimed that they were negligent in allowing a system of work which required him to pass by a bullock in a single small pen in order to open a gate to allow the bullock access to the sales ring. Two other employees were absent at the time of his injury. It was also claimed that the mart were responsible for failing to ensure that the system of work was safe and properly implemented.
The mart denied liability and claimed that Mr. Lynch was guilty of contributory negligence in failing to exercise reasonable care for his own safety. In the High Court, the Judge dismissed Mr. Lynch’s claim stating that there was no evidence before him that the mart knew of/or condoned employees absenting themselves from their posts.
The Supreme Court found that the mart were liable for the actions of the two employees, the two drovers, who absented themselves from work and so transformed a safe system of work to an unsafe system. This situation exposed Mr. Lynch to risk and to injury.
However, the Supreme Court also found that Mr. Lynch had a degree of responsibility as he did not ask the other two drovers to remain at work. He did not ask anyone to help him. They found that he was 33% responsible for the accident.
If any of these issues affect you please contact Liam Moloney Solicitor, Naas, Co. Kildare on 045 898000 for further advice or simply log onto our website at www.moloneysolicitors.ie