Sunday, November 26, 2023

UK
Funfair worker sues boss for £100,000 after fall from ride ‘deformed’ his foot



Will Nea
METRO UK
Sunday 26 Nov 2023
Michael James is awaiting confirmation of damages after winning a judgment against his former employer for a workplace accident that left his foot ‘obviously deformed’
 (Picture: Champion News)

A travelling fairground worker has successfully sued his employer for damages after an accident left him with serious injuries.

Micheal James, 41, of Plumstead, south London, was helping his boss dismantle a £350,000 spinning ride when he slipped from a wet rail.

Crashing to the ground, he suffered several fractures and dislocations.

These left his foot ‘obviously deformed’ and left him dependent on a walking stick, meaning he was unable to work.

A judge in London has since awarded him damages after he sued his former boss at Shaw’s Leisure travelling funfair in the High Court in London.

The exact payout is yet to be determined, though Mr James is understood to be claiming up to £100,000.

The incident took place when Mr James was helping his boss, Asa Shaw, take down a 21ft ride known as the ‘Freakout’ while the fairground was set up at a site in Essex.

Mr James was working on Shaw Leisure’s 21ft ‘Freakout’ ride when he slipped from a wet railing and fell 8ft to the ground 
(Picture: Champion News)

It is understood that Mr James was not wearing a harness when he lost his balance and fell 8ft.

Mr James claimed in court he had been forced to wait two hours for an ambulance while lying on the wet ground.

He additionally said he had not seen Mr Shaw after he drove away from the fairground following the incident until his former employer appeared in court.

It was three weeks before Mr James was discharged from hospital after the fall.

His injuries required surgery to insert a wire, several plates and screws into his foot, leaving him with what his lawyers described as an ‘obvious severe deformity.’

Mr James claimed he should not have been made to work at height and in wet conditions without a harness because it was ‘foreseeably dangerous.’

Mr Shaw, who had overseen Mr James’ day-to-day responsibilities, rejected any accusations of blame, telling the court he was ‘very safety conscious.’

He added: ‘I was very cross because what he had done, he caused himself.

‘It was stupidity. I had no sympathy with him because it was stupidity. Perhaps that’s a bit hash, but that’s the way I see it.’

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