PETER WILLIAM JAMES HAMILTON -v- WESTERN EDUCATION & LIBRARY BOARD

Limavady County Court
October 2001
Deputy Judge Keegan
Civil Bill - £3,000

The Plaintiff claimed £3,000 damages for injuries sustained during the course of his employment at Galliagh Youth Club, Derry on 17 April 2000.

He sustained cuts to his left index and middle fingers. The Plaintiff alleged against the Defendants that they had failed to provide a safe system of work and failed to provide any adequate supervision. He also alleged a breach of Section 2 of the Occupier's Liability Act (NI) 1957, breach of Regulation 5 of the Workplace Regulations (NI) 1993 and breach of Regulation 4 of the Personal Protective Equipment at Work Regulations (NI) 1993.

The Plaintiff was employed by the Defendants as a Charge-Hand. He was making a temporary repair to a Georgian wire rough-case window. He was using an adhesive material called "Maximum." He had difficulties, he alleged, as there were bars inside the windows as this was a computer room. Further, he alleged that the gloves were unsuitable as "Maximum"would not adhere to the window.

On cross-examination he conceded that "Maximum"could be applied to either the outside or inside of the window, and indeed could be applied to both sides. He accepted that he had not complained regarding the provision of gloves, and indeed it was his responsibility. The plaintiff conceded that on some occasions he used gloves but that on this day he decided not to and had not complained to his employer with regard to the type of industrial gloves available. He had 10 years experience as a Charge-Hand and 22 years experience as an employee of the Defendants.

The Judge said that he found no evidence of negligence or breach of statutory duty on the part of the Defendant. The Plaintiff had extensive experience and accepted himself that "Maximum"could be applied to either side of the glass. The Judge noted the Plaintiff's evidence about the availability of gloves, but that no complaint was made. He dismissed the Plaintiff's claim.