7 year old dies on being crushed by falling weighing machine

Master K aged 7 went to a leisure centre with his mother and sister to go swimming. K stood onto a public weighing machine in the reception.

As he stepped off it, the weighing machine fell sideways on top of him fracturing his skull. His sister witnessed the incident and his mother, who returned moments later, saw him lying on the floor in a pool of blood.

They watched as staff attempted to resuscitate the child who was convulsing. He was taken to hospital by ambulance.

K’s father met them at the hospital, only to be informed that his son had died. He did not believe what he was told and went in to see his son, who was still covered in blood.

A product liability claim was made against the manufacturer of the weighing machine and they admitted liability.

In addition to the fatal accident claim both the parents and K’s sister suffered severe post traumatic shock disorder (PTSD) and additional claims were made in this regard. There were as a result extensive claims for loss of earnings.

The sister’s PTSD claim was settled for £31,000. The parents’ PTSD claims were settled for £160,000 in addition to the statutory bereavement award of £7,500. The legal costs were paid by the defendant.


Benefits payable to deceased’s estate to be ignored in Fatal Accidents

Mr B was clearing a paper jam in a shredding machine, assisted by his son then 15 who also worked at the factory during the school holidays. Whilst Mr B was inside the machine it suddenly started up, trapping him. His son was pulled free by a colleague, but Mr B was dragged into the machine and killed.

Mr B’s widow pursued a civil action against the employer for loss of dependency and bereavement, and the son, who witnessed the death of his father, also brought a separate case for psychiatric injuries. He was devastated.

After B’s death, his widow received two substantial payments from the employer: one, of £130,000 was in respect of its death benefit scheme, the other, of £100,000 was in respect of benefits from its employee benefit trust.

The employer later contended that these voluntary payments should be brought into account and deducted from the damages awarded to A as a result of her husband’s death. We asserted for B’s widow that both payments should be disregarded in the quantum of damages.

At the trial a judge found that the damages should be discounted by one of these sums. We appealed for the widow and the employer cross appealed in respect of the other sum for which the judge ordered no credit.

The Court of Appeal found that as the judge held that the payments were made not as a direct result of the death but the intervening decision of the employer and the trustees, the judge was wrong to hold they were deductible from the damages awarded.

Accordingly, the law is now clear that benefits that do not result (directly) from the death are irrelevant to quantum of damages in fatal accident cases.

The widow’s claim was settled for £350,000 and the son’s £65,000. The legal costs were paid by the defendant.