Farm accident claims
Farming Injury Claims
Half a million people work in agriculture, and whilst this can often be rewarding work it can also be dangerous. Owners have a duty to manage the high risk of injury. Accidents do happen, but they are often caused by negligence, and on a farm they can have serious consequences.
Stuart Kightley Partner
“Well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe spinal injuries. Specialist expertise in cycling-related injury claims.”
“Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms.”
There are a wide range of dangers inherent with the use of agricultural machinery, food production and livestock management:
Farm vehicles: Being run over or crushed by a farm vehicle is the single highest cause of fatal accidents on the farm. Tractors, diggers, transportation lorries, forklifts and other trucks, quad bikes and other off-road vehicles and combine harvesters all pose specific dangers and the risks need to be assessed and managed.
Farm machinery: There is a wide range of machinery in use in agriculture, and it all needs proper training, instruction and supervision to avoid serious injuries. A key safety problem highlighted by the HSE is the use of power take off shafts on the back of tractors, which are notorious for causing serious injury when not properly guarded or improperly used. Other machinery, such as potato rollers and conveyors, balers and bale choppers and feeder wagons all pose particular dangers that need to be addressed as part of a workplace assessment.
Falls from height: Many farm buildings have fragile roofs and are not built to withstand the weight of people. Even if this is known to the farmer it may not be known to farm workers, and unless safety equipment and warning notices are available there is a significant risk of serious injury. According to the Health & Safety Executive falls from height are the second biggest cause of agricultural fatalities.
Confined spaces: Storage silos and tanks and slurry pits are extremely hazardous places and carry a well-known danger of death. Toxic fumes and drowning are particular dangers. In fact 10% of all fatalities on farms are caused by asphyxiation or drowning.
Children: Most farms are also homes and so children will often be around the yard and buildings and will sometimes be helping with the farm work. But the statistics show that sadly 50 children have died in farm accidents in the last decade, and child protection on the farm is a serious safety issue.
Chemicals: Most farms routinely use pesticides, fertilisers and food additives, and the chemicals they contain may be harmful. There are additional dangers from dust, toxic gases and exhaust fumes, and these risks need to be assessed and controlled by law.
Livestock: Cows, bulls and horses in particular need careful and skilled handling, but even so can be unpredictable. All farm employees working with animals should be properly trained in their safe handling, and in particular how to avoid being bitten, kicked, trampled or crushed.
Lifting and handling: Although it is obvious that farm work can involve heavy manual labour that does not mean it should not be controlled. Manual handling regulations simply require employers to consider the risks involved in the work and make sure that the loads and tasks involved are manageable. If a farm worker is injured because he was required to manually lift something that was too heavy or had to repeatedly lift loads beyond his capacity then his employer will usually be liable.
Agricultural accident claims
Despite the high rate of serious injury in this sector most accidents (an estimated 75%) go unreported. But farmers are by law insured, in the same way as any other employer, and unless the accident was completely caused by the worker’s own carelessness or was an unavoidable accident then there is likely to be a successful claim following an agricultural accident.
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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Our Personal Injury Team View the whole team
Rob Aylott Partner
Sam Collard Partner
Sophie Davies Partner
Nicola Hall Associate Solicitor
Andrew Middlehurst Associate Solicitor
Laura Swaine Associate Solicitor