Securing Vital Evidence

Tom sustained injuries in an accident at work.   His hand was caught in a machine and he sustained significant injuries. When he consulted with me it was a number of weeks after the accident.

We immediately wrote to his employers asking them to provide inspection facilities for our litigation Engineer and we asked them to undertake not to interfere with the machine in any way until the inspection was carried out.

They refused to do so.

We then made an application to the High Court and got an Injunction from the High Court directing his employers to provide the facilities for the engineering inspection and also to agree not to interfere with the machine.

This was done to make sure that the machine wasn’t destroyed thereby interfering with crucial evidence.  When the Engineer carried out his inspection it was clear that the machine was defective and as a result the Insurance company soon after accepted liability for the accident.

This shows the importance of moving quickly after an accident has occurred to make sure that vital evidence is preserved.

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