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No win, no fee lawyers fail in attempt to sue club for damages

Mick

Joined: 1-01-89

Topics: 11

Replies: 236

Posted: Thu 27th Jul 2017, 12:52pm
No win, no fee lawyers fail in attempt to sue club for damages

Sheffield Model Engineers Society was taken to court recently following an accident on the 7¼" gauge elevated track almost three years ago when a young girl injured her foot whilst riding on a sit astride carriage. The judge found there was no case to answer and the club was exonerated with an 'unblemished record'. Recording all the details at the time, including taking statements and photos, followed by close examination of the club's driver training ( all recorded), risk assessment, adherence to the HSE216 guidelines, maintenance records, reporting to HSE under Riddor, safety notices and verbal/recorded warnings to passengers etc all came under scrutiny and passed examination in court. PLEASE take note and if you are not operating under these conditions, may I suggest you begin to do so. I have to say the judge was absolutely on the ball and clearly understood all the issues, including correcting the plaintiff's barrister on his misinterpretation of the guidelines.
 

Replies To This Post

Nigel Musson

Joined: 18-08-01

Topics: 1

Replies: 3

Posted: Fri 8th Sep 2017, 2:13pm

Mick delighted you had a successful outcome. This emphasises the value of HSG216 and the importance of implementing it for your own circumstances. This document is being rewritten and it is VITAL that all members support a continuation of the principles contained in HSG216. Please see the news item https://goo.gl/6Lunff
 

kevinbennett

Joined: 9-10-16

Topics: 8

Replies: 9

Posted: Fri 9th Nov 2018, 10:25am

Just out of interest, how many clubs have been succesfully sued and taken to court ?
 

Mick

Joined: 1-01-89

Topics: 11

Replies: 236

Posted: Fri 9th Nov 2018, 4:00pm

I don't imagine there are any statistics available to answer your question Kevin, but I know there are other clubs who have been sued. In our case the 'no win no fee' brigade got nothing as we were cleared of all responsibility for the girl's injury.
 

GWRGirl

Joined: 17-07-19

Topics: 9

Replies: 39

Posted: Mon 26th Aug 2019, 5:06pm

Hi Mick,
Glad your record came back unblemished, Sometimes the public are to blame themselves, we had an instance at one of the steam rallies with our 16mm portable railway. We have got warning signs reminding the public that steam locomotives are very hot and can vent steam at anytime also can burn or scold he asked one of our members what does it run and was told gas and water. What did one do put his finger down the chimney and said that is very hot, of course it's hot its live steam for goodness sake.Luckily we are insured with the 16mm Association when running with all the documentation that goes with it.I would like to think how he would have managed to sue us though.
Regards,
Gloria.
 
 
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