Dallas McMillan's Glasgow Lawyers' Blog

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FAI finds woman's mineshaft death avoidable

A Fatal Accident Inquiry (FAI) has found that the death of a woman who fell down a mineshaft might have been avoided if emergency services had rescued her sooner, reports the BBC.

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Boy claims compensation for loss of his father

A 12-year-old boy is suing the driver of a vehicle involved in a road traffic accident that killed his father, reports the Daily Record.

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Damages awarded for golfing eye injury

A golfer has been awarded just under £400,000 in damages after he lost an eye in an accident on a golf course in West Lothian, reports the BBC.

The 44-year-old had been walking from one hole to the next when he was hit on the head by a ball struck by a golfer on the 18th tee. The impact caused so much damage that he now wears a prosthetic eye.

Anthony Phee sued both the golfer responsible for hitting the ball and Niddry Castle golf club for damages. The defendants had claimed contributory negligence, saying that Mr Phee looked up when he heard the shout of 'fore', however the judge rejected this and instead accepted evidence that Mr Phee had tried to shield his head. He ruled that the golfer hitting the ball was 70% liable for the accident, and the golf club 30% liable.

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Tradesman fined over asbestos release

A Birmingham handyman has been prosecuted after releasing asbestos fibres while refurbishing a kitchen at a flat in Solihull.

Inspectors from the Health and Safety Executive (HSE) found William Rogers, a carpenter and general handyman, had removed partition walls containing asbestos insulating board at the premises.

Solihull Magistrates' Court heard Mr Rogers had wrongly assumed he was dealing with asbestos cement, which does not require specialist contractors to remove it, and went ahead with the job. As a result, both he and the tenant, who has asked not to be named, were potentially exposed to asbestos dust.

Mr Rogers spread asbestos debris in the kitchen and on the communal stairs and loaded the removed pieces of asbestos insulating board into his car. By law it should have been disposed of by an approved carrier of asbestos waste.

The incident was discovered when a licensed asbestos removal contractor, who was working elsewhere in the building, spotted pieces of asbestos outside and alerted HSE. The court heard the area and Mr Rogers' car had to be decontaminated.

Speaking after the hearing, HSE principal inspector Jo Anderson said:

"Tradespeople are highly likely to come across asbestos at some point in their career. They must make sure they are properly trained so that they can identify it and know what to do next and there is a wealth of guidance available on HSE's website to help them.

"If they have not checked what kind of asbestos is present and they have not been trained to work with asbestos, they must not start work.

"The landlord had told William Rogers that the walls contained asbestos, yet he went ahead with the refurbishment without carrying out any checks. The tenant now has to live with the knowledge that he is at risk of developing a serious lung disease in years to come through no fault of his own.”

Asbestos is the biggest single cause of occupational deaths in the UK, with an estimated 4,000 people dying every year from related diseases such as mesothelioma and lung cancer.

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