Rob Weir QC recovers full damages for brain injured employee electrocuted at work

In Baker v British Gas Services Ltd and J&L Electrics (Lye) Ltd [2017] EWHC 2302 (QB) the claimant fell from a ladder at a building society when he was investigating a faulty light fitting.   At trial he established that, 8 years earlier, the light fitting had been dangerously mis-wired by D2 when the electrics were installed.   He also established that an employee of Connaught had been careless for failing to identify the mis-wiring at a periodic inspection some years earlier.   That employee, and the claimant who was also working for Connaught at that time, had been TUPEd across to D1 from Connaught after the careless periodic inspection.   The judge accepted the claimant’s case that the liability transferred to D1 even though the accident did not occur until well after the TUPE transfer – a point not previously decided.   The judge also rejected any finding of contributory negligence against the claimant.

Judgment can be found here.

Robert Weir QC was instructed by Davies and Partners solicitors.

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