Paterson v Paterson & Tilly Confectionery Ltd – parties’ competing valuations of damages

Pateson, the pursuer, sustained a severe injury to his right ankle when he fell from a ladder at work. At the time of injury and during the proceedings he was employed by Tilly Confectionery, a company founded by his parents. He claimed against the company and both his parents for negligence and breach of statutory duty. Liability was admitted and it was agreed that Paterson was 25 per cent to blame for the accident. The dispute centred on the parties’ competing valuations of damages.

via Paterson v Paterson & Ors [2012] CSOH 183 – 30th November 2012.

Stock Photo Agency Can Go After McGraw-Hill

(CN) – Grant Heilman Photography can advance claims that McGraw-Hill infringed more than 2,300 copyrighted photographs, a federal judge ruled.
The stock photo agency licensed nearly 2,400 photographs to the McGraw-Hill Cos. for use in their educational textbooks between 1995 and 2011.
Grant Heilman president Sonia Wasco said McGraw provided two “storm warnings” of its allegedly culpable activity. First, it sent an unsolicited check of more than $39,000 in August 2006, and a year later it requested license and invoicing adjustments.

via Courthouse News Service.

Machinery company, McHale Engineering Ltd fined after Shropshire farmer’s death

An international farm equipment manufacturer has been fined after a Shropshire farmer died when the rotating arms of a defective bale wrapping machine struck him on the head.

The Health and Safety Executive (HSE) prosecuted McHale Engineering Ltd, of Castlebar Road, Ballinrobe, Co Mayo, Republic of Ireland, for supplying the defective machine in 2001.

The machine was involved in an incident on 28 May 2009 which caused the death of 48-year-old George Stokes at Tong Norton Farm, Tong Norton, Shifnal.

Shrewsbury Crown Court heard today (3 December 2012) that Mr Stokes had been working on his own, preparing a McHale square bale wrapping machine for the grass cutting season.

He was found slumped over the front of the machine by his brother, and ambulance crews pronounced him dead at the scene.

An HSE investigation found that the machine’s safety trip bar had not been designed to stop the rotating baling arms in sufficient time, meaning that anyone who activated the safety trip bar was still at risk of being struck by the machinery.

There were no witnesses to the incident, but the court heard that Mr Stokes was struck by the wrapper when it unexpectedly started to rotate, taking almost a third of a turn before stopping after the safety trip had been activated.

The failure of the safety trip bar to bring the rotating bale wrapping arms to a safe stop meant that Mr Stokes suffered fatal head injuries.

McHale Engineering pleaded guilty to breaching Section 6(1) of the Health and Safety at Work etc Act 1974. The company was fined £45,000 and ordered to pay £70,000 costs.

Speaking after the hearing, HSE inspector David Kivlin said:

“Mr Stokes’ death was a tragedy that could have been prevented if McHale Engineering had designed the machine to stop in safe manner when the safety trip bar was activated.

“Manufacturers of farm equipment should ensure that they design such equipment so that safety risks are reduced as far as possible for anyone who enters the danger zone of the rotating arms. McHale Engineering failed to do this.”

via RNN media information for journalists and the press – Press Releases – Machinery company fined after Shropshire farmer’s death – RNN media information for journalists and the press.

AUA plane out of action after runway crash – Vienna Times Online

AUA plane out of action after runway crash – Business News – Vienna Times Online News – English Newspaper: An Austrian Airlines aircraft has been left damaged at Vienna’s International Airport in Schwechat for the second time in 3 months.

An Austrian Airlines spokesperson confirmed a report in the aviation magazine “Austrian Wings” that the plane had been damaged by a luggage cart . The Boeing 737-800 is currently being repaired.

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Park and Slide at Safety Confrence – Romanian Times Online News

Park and Slide – Around the World News – Romanian Times Online News – English Newspaper: A businesswoman staging a conference on safety in the workplace watched in horror as her car rolled into a lake after she forgot to put the handbrake on.

Red-faced Kasia Miechowicz, 26, had left her brand new Audi in a hotel car park in Olsztyn, Poland, where she was hosting the lecture.

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Electric heaters causing a fire a day, warn fire chiefs – London Fire Brigade –

With temperatures in the capital set to drop below freezing this weekend, fire chiefs are issuing a warning as new figures show that electric heaters cause around one fire a day in London during winter.

New figures from the London Fire Brigade shows that over the last four winters there have been 310 fires, 10 fire deaths and 57 injuries caused by electric heaters.

The Brigade is most concerned about the risk from portable electric heaters. According to the figures, heaters are disproportionately likely to be the cause of fires that result in people dying. Despite heaters starting only five per cent of the capital’s electrical fires, a third of fatal electrical fires over the past three years involved heaters.

The Brigade’s warning for people to take extra care comes shortly after the first fire death involving a heater this winter. Last week (23 November) a man died following a fire on Harbord Street in Fulham which early indications suggest was caused by a heater setting fire to items nearby.

Most of these fires are easily preventable and are caused by heaters falling over and catching clothes or furniture alight. The Brigade is asking people not to become another statistic by following this advice:

• Never sit too close to the heater as you could set light to your clothes or chair, especially if you fall asleep.
• Heaters should stand where they can’t be knocked over, away from beds, furniture and fabrics.
• Do not put anything on the heater or use it to dry clothes.

London Fire Commissioner Ron Dobson said;

“I’m concerned that with the cold weather set to hit London this weekend more people will be pushed to use portable heaters to keep warm. During winter, we’re seeing one fire a day caused by heaters that have fallen over or set fire to clothes or furniture. People need to make sure their portable heaters are standing upright and kept well away from clothes or furniture.”

The Electrical Safety Council (ESC) – the UK charity dedicated to reducing deaths and injuries caused by electrical accidents – is supporting the London Fire Brigade campaign.

Phil Buckle, Director General of ESC, said:

“A number of people take electricity for granted and pay a serious price. By following a few very simple safety precautions you could save a life. If you own an electric heater, please use it responsibly and if you know anyone who is elderly or vulnerable and is using an electric heater, please make sure they understand the safe way to ensure they stay warm this winter.”

via London Fire Brigade – Electric heaters causing a fire a day, warn fire chiefs.

Linesman attacked by teenage football players dies – – – Linesman attacked by teenage football players dies: The 41-year-old linesman reportedly beaten up by three boys aged 15 and 16 after a football match in Almere at the weekend has died.

Richard Nieuwenhuizen was chased and attacked by the youths from Amsterdam club Nieuw Sloten after an amateur football match between the Amsterdammers and Almere club Buitenboys.

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Chief officer of a Malta flagged tanker arraigned over maritime tragedy – The Malta Independent

Seaman arraigned over maritime tragedy – The Malta Independent: The chief officer of a Malta-flagged tanker has been accused of the involuntary homicide of five persons on board a trawler his ship had collided into.

The Sichem Pandora tanker collided with trawler Klein Familie on 5 January, 2006, causing it to sink and leading to the death of five of the 6 French crewmen on board.

A magisterial inquiry concluded that criminal proceedings should be instituted against Vasily Ogarkov and Alexandrs Belikovs, due to a failure to help a vessel in distress and assist people in danger at sea and a breach of duty to report accidents.

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Forgotten sailors jumping overboard | Yachting Monthly

Forgotten sailors jumping overboard | Yachting Monthly: Forgotten sailors who – suffering from depression over appalling job contracts are taking their own lives by jumping overboard – it has been revealed.Merchant seamen – once held in high regard – are now among the forgotten lost souls of the workplace, the Rev Andrew Wright said. He is determined to raise their profile and has been working alongside the MCA to that end.

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US Labor Department’s OSHA cites ATW Automation with 9 safety violations following worker’s death at Dayton, Ohio, manufacturing facility

DAYTON, Ohio – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited ATW Automation Inc. for nine safety violations after a worker sustained blunt force trauma injuries at the company’s machine manufacturing facility in Dayton. The worker was caught and pinned by a conveyor that had lowered during a “power down” process, and he died from his injuries a few days later.

“ATW Automation has a responsibility to mandate effective measures that control hazardous energy in its manufacturing facility to ensure that machines will not become unexpectedly energized, which poses a risk of injury or death to workers. Failing to do so resulted in a tragedy,” said Bill Wilkerson, OSHA’s area director in Cincinnati. “Employers who are cited for safety, especially repeat, violations demonstrate a lack of commitment to employee safety and health.”

Posted using my Android. – Stoker