The Banksman’s Blind-Spot

Our Michael Han acted the Claimant. He was a construction worker. He was involved in an industrial accident when an excavator ran over his leg.

At that time, the Claimant was in front of the excavator when the driver was instructed to move forward. The one giving the instruction to move forward was a worker from another company. He was not authorised to give such instructions. But the instruction was given because the excavator was blocking the road and prevented another vehicle from entering a nearby worksite.

The Claimant sued the employer, occupier and the company, whose employee directed the excavator to move forward when the plaintiff was standing in front of the stationary excavator. At that time, the plaintiff was adjusting the road barricade to make way for approaching vehicles.

The Claimant proceeded with trial on liability, that is, to determine who is at fault. As the Claimant was standing at the blindspot of the excavator, he was adjudged to bear some liability for the accident.

Dissatisfied with the decision, the Claimant appealed. The appeal was recently heard before a High Court Judge. Judgment was reserved and will be out soon.