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PARTICULARS OF CLAIM
- The Claimant claims damages for personal injury and associated losses incurred in an accident at work on or around 26 March 2099.
- At all material times, the Claimant worked for the Defendant as a Stable Hand. She worked for the Defendant in this capacity for approximately two years prior to the accident, at the Defendant’s premises: The Stables, Manchester Road, Lanchester (“the Premises”).
- On 26 March 2099, at around 1.00pm, the Claimant took a three-year old thoroughbred horse (Tim) across the stable yard of the Premises so that he could be taken out into one of the adjoining fields. The Claimant was unsupervised but had been instructed to carry out the task by her supervisor, Fred, who was on his lunch break at the time of the accident. The horse had only been acquired by the Defendant the week before the accident and the Claimant was unfamiliar with it. She had not been provided with the assessment sheets produced by the Defendant which gave details of the horse’s temperament and behavioural characteristics.
- When the Claimant released the horse into the field, it suddenly turned and lashed out with its hind legs, hitting the Claimant’s left arm and knocking her to the ground, causing injury. The horse’s behaviour up to this point gave no indication that it might attack the Claimant.
- After the accident at work, Fred explained to the Claimant that Tim had frequently been kicking out other Stable Hands, and that he had neglected to pass this information to the Claimant. Following an investigation by the Defendant into the accident at work, Fred was given a final written warning.
- The accident at work was caused by the Defendant’s breach of statutory duty.
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