Our firm recently defended Nevadene Ltd, trading as Desperados Restaurant, against a claim filed by a former employee, S.T. The Claimant alleged negligence and breach of statutory duty under the Provision and Use of Work Equipment Regulations 1996 and the Personal Protective Equipment at Work Regulations 1992. The incident in question occurred during a routine workday when the claimant injured his hand while cutting an avocado. He claimed that the injury was the result of inadequate training and failure to provide suitable equipment, seeking damages of up to £5,000 in addition to huge legal costs.
In our defence, we established that the claimant had received appropriate training from the head chef and the restaurant owner. We demonstrated that the claimant had been shown the proper method to cut avocados and prepare guacamole, including using a spoon to remove the avocado stone. We further argued that the claimant disregarded this training and, through his own reckless conduct, used a knife to remove the stone, resulting in his injury.
The court accepted our defence, concluding that the defendant had met its obligations regarding staff training and equipment provision. The case was dismissed, with the court ordering the claimant to bear the costs of the action. The matter was conducted by Mr Ozan Askin at Silvine Law. If you require assistance litigation matters, contact our experienced team.
