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Law Summative Written Assignment – Have to use the FLAC method to approach the question.
FLAC = state the facts, law, analysis, and conclusion
Use relevant cases when necessary
Question:
Matthew, who works as a warehouse operative for the pharmaceuticals company MedX Ltd, was recently injured at work and seeks your advice with respect to making a claim for personal injury.
In December 2011, whilst checking stock, Matthew was hit by heavy boxes with fell out from an overhead wooden pallet which had tilted as it was not properly stacked. Matthew had not stacked the pallets himself and these were stacked by another warehouse operative using a forklift. The pallet was stacked on the 5th tier of the warehouse’s rack from which the boxes fell and hit Matthew.
Matthew, who blanked out when he was hit by the boxes, only realised what had happened when he woke up in the hospital bed the following morning, suffering several injuries. These injuries included bruising to his face, a cut to his head which has left a permanent scar, dislocation of his right shoulder and injuries to his legs. He now suffers from severe headaches and is receiving physiotherapy for his shoulder/arm. He has been unable to work for the past four months. Matthew’s consultant has told him that although he is making steady progress, he is unlikely to be able to return to work for a further 6 months.
Matthew has a family (wife and 6 year old daughter, Lilly) and has a joint mortgage with his wife on their house. He has been employed by MedX Ltd for the past 10 years as a warehouse operative, has never before been involved in any incident which resulted in him suffering any form of physical injury and is generally in good health.
As a warehouse operative Matthew was required to wear his safety helmet whilst on the premises, however, initial investigations of the incident show that at the time of the incident, Matthew was not wearing his safety helmet.
“Advice Matthew on whether he can bring a claim for personal injury and if so, on what grounds and against whom.”
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