CASE HISTORY
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Last year Backhouse Jones defended a transport company against a Health & Safety Executive prosecution. The company was facing charges of negligence after one of its drivers died at the workplace.
A vehicle moved while the driver was coupling the trailer’s suzie to the tractor unit. The manoeuvre released the trailer brakes and, unfortunately, the driver had not applied the cab’s manual handbrake. He died under the vehicle while apparently attempting to return to the cab. The tragedy would have been averted if the driver had simply pulled out the airline.
Backhouse Jones’ client was acquitted. “We won on the facts,” says James Backhouse, adding that rollaway accidents are common when releasing the brakes.
He stresses that companies finding themselves in a similar situation should seek legal help immediately. “They must speak to a lawyer who understands the process. It’s difficult in the middle of a shocking and sad time, but they will be facing a professional agency like the HSE that knows what it’s doing.
“You can’t always win, but you can often improve the position.” Not seeking help can be disastrous, with fines potentially running into hundreds of thousands or even millions of pounds. “The same applies to environmental cases,” says Backhouse.