It’s always someone else’s fault! http://www.telegraph.co.uk/earth/countryside/10860169/Hunt-faced-with-200000-damages-claim-over-badly-fitting-riding-hat.html
I don’t understand your objection. Employers should supply their employees with suitable protective equipment, when needed. I’m surprised he’s not going after the tack shop that “fitted” the helmet too.
[QUOTE=Equibrit;7613677]
I don’t understand your objection. Employers should supply their employees with suitable protective equipment, when needed. I’m surprised he’s not going after the tack shop that “fitted” the helmet too.[/QUOTE]
I think if he felt it didn’t fit, he needed to speak up or buy his own. He wore it for 2 years. They are supposed to be a little tight at first. How did the snug fit contribute to his CHI? Did they buy him a helmet not approved for riding?
Who knows exactly what was said to whom or if the hat was approved ? Clearly you do not, so how come the snarky post ?
A brief guide to the law; http://www.hse.gov.uk/pubns/indg174.pdf
How many people replace their helmets every two years?!
[QUOTE=pheasantknoll;7613743]
How many people replace their helmets every two years?![/QUOTE]
That is not the point. Under the law it is the employers responsibility that protective equipment fits, and that it is replaced appropriately.
Sounds like an old man looking for a retirement package.
I work in a very dangerous environment, my employer provides “PPE” (personal protective equipment). It is up to me to make sure what I am using is appropriate (still in good repair, right for the job, etc) I don’t expect my manager to dress me each morning. We are responsible for our own safety. If something is wrong speak up! I would never climb out onto bridge beams with a harness that was outdated or ill fitting.
I plan my work safely, my goal is to complete the project and to come home in one piece. My employer provides the equipment, but it is up to me to make sure it fits properly and is in good repair.
I feel bad for the guy’s injury, but anyone who has ridden for that length of time should know about protective equipment. It sounds like he is trying to get whatever amount of money he can by proclaiming that he is ignorant. I would find that hard to believe.
[QUOTE=Equibrit;7613739]
Who knows exactly what was said to whom or if the hat was approved ? Clearly you do not, so how come the snarky post ?
A brief guide to the law; http://www.hse.gov.uk/pubns/indg174.pdf[/QUOTE]
Yes, I do find this irritating. He rode with it for 2 years and the only thing he can come up with it was a little snug when he bought it, according to the article. The horse world is filled with rider head bleeds with properly fitting, approved equipment.
I am sorry this gentleman fell and suffered a TBI. However, there is personal responsibility and accountability incumbent on all of us, no matter what job or sport or activity we participate in. With his memory loss, could it be possible he simply does not recall certain aspects? Hope this works out for the best.
These cases make me nervous - thin edge of the wedge setting the precedent for more and more such cases.
Riding is a dangerous sport — the fellow knew that after years on the job.
Ugh. Good warning why employers, such as hunts, shouldn’t get in the position of supplying equipment, even new equipment selected by the employee. In the US, employers who provide PPE have a whole bunch of OSHA and other regs they then have to legally follow and document re: employee training, PPE inspection and replacement, etc. The documentation alone is pretty labor-intensive.
I was struck by the fact that it sounds like he didn’t replace his old helmet until it broke.
I would have sympathy for the litigant had if he had documentation or witnesses supporting that he was not comfortable with that particular hat as protective headgear. He lost credibility with me if he simply kept on wearing it without a word (indicating that he was okay with the helmet) and then got hurt and then sued. In PPE cases, as has been noted, the employee is responsible and accountable for using the proper equipment, in a proper manner, and knowing when it needs to be replaced.
Rights without Responsibility is the definition of a child…at 65, this idiot was not a child.
After 2 years, if the helmet was still “a bit tight”, this man was a fool for using it. As others suggested, this jerk is trying to get a payout and some retirement. Did the hunt provide him with a crash vest? Correct safety stirrups? How about a horse that spooked–are the responsible for him falling off? How about the hunt stirrup cups passed around before the meet…did he imbibe and who was responsible if he did?
What a load of crap and very scary case. Just when does personal responsibility begin…with 65 y.o. children, I guess never.
Gee - imagine that - I agree with Trak.
However, from working in a personal injury law office, we had to sue everybody in sight to try and get some money to secure the person’s future care.
[QUOTE=Beverley;7614738]
In PPE cases, as has been noted, the employee is responsible and accountable for using the proper equipment, in a proper manner, and knowing when it needs to be replaced.[/QUOTE]
Not under the law applied here.The article is not terribly informative, as to who said what to whom, how much evidence is available, nor how many times he complained.
This would be my concern also. That if he doesn’t sue he won’t have any $$ for rehab. Public care in most countries is pathetically insufficient for brain injuries. I’m going thru something similar with my dad, car accident not a fall tho, and without extensive private insurance $$ I can’t imagine what would have become of him once he was released from hospital care. He was labelled catastrophic and has extra benefits thank god. He has one-on-one care providers most of his waking hours and still got kicked out of one LTC home within three weeks of hospital release. Perhaps much of our lawsuit culture is a response to our ‘fend for yourself’ approach to health and long term care for those with specialized needs.
I can’t open the link to the article, but if the guy wore a helmet he thought was unsafe for 2 years, he is an idiot. He is just looking for a pension now. I agree with the OP that too many people are always trying to put the blame on someone else.
:no::no:
The man worked for this hunt for 19 seasons and claims:
In the claim, Mr Bailey said that at the start of his employment he rode with his own hat as he was not supplied with one.
“The claimant tried on a number of hats, none of which were custom made. The hat that was bought was apparently the best fit although the claimant found it to be a little tight.”
So for 17 seasons he rode with his own helmets. He broke his, and the hunt was nice enough to buy him one - and this is the thanks they get.
The hat HE BOUGHT - you mean, HE CHOOSE this helmet, and now says that the hunt is responsible for it?! And the helmets were not “custom” - IS there such a thing?!
What a frivolous law suit. This could have happened on his own time, but the accident happened to happen during “work” time, so he is suing.
Hope he realizes suits like this could bring an END to hunt “employees”
Ridiculous.
What was the hunt supposed to do? Have a “custom” helmet made for him? Take him to some sort of amazing expert that would use high tech tools to determine the helmet fit? After all - no one else but him can FEEL how it fits on his head. He tried on the helmets, and decided this one fit best - but now that is someone else’s fault?!?
Wouldn’t this open the doors for any jockey, paid rider, trainer etc, to sue when they get a TBI because no one told them the helmet that they choose did not fit perfectly?
Helmet manufacturers are very careful not to make any definitive claims
that their helmets guarantee no injuries, just for this reason.
They rely on statistics - and all give warnings about use, care, fit, length of useful life, etc.
His lawyer probably thinks he has a case and is doing it for 30% of the award…
BTW - most helmet manufacturers will replace a helmet with a large discount if they have been involved in a hard knock - so if your helmet has had a tough life, get it changed, and definitely after five years.
