If you have been involved in a farm accident, including a serious farm accident, it is advisable that you consult a solicitor.
Recently, in the High Court in Ireland, there was an interesting case which involved seasonal farm workers in New Zealand. The background was that the defendants, who were farmers in New Zealand, had carried out a recruitment drive in June 2014.
The plaintiff travelled to New Zealand in October 2014 and worked with the defendants, who were a farmer and a contracting company. The plaintiff had obtained a certificate in agricultural studies and had come from a farming background, and his family had a large farm in the Midlands of approximately 250 acres.
This is is an interesting case as it involves seasonal workers outside of the jurisdiction
They asked to make an application to the High Court in 2017 after he had an accident while working on a farm in New Zealand, and he obtained leave to issue proceedings outside of the jurisdiction, which means to issue proceedings against the defendants who did not live in Ireland but in another country.
This provided and allowed for the defendants to enter an appearance. Subsequently, no appearance was filed, and in a subsequent order in the High Court, a judgment in default of appearance was granted, this judgment was then subsequently served on the defendants, and the court accepted that the defendants were adequately and properly notified of the hearing date of the assessment of damages.
Case Background
The circumstances of the accident were that in late 2015, there was a problem with a combine harvester that he was operating and it became apparent that there was a blockage in the chute.
He switched off the machine and got tools to rectify the problem, but a safety alarm should have alerted him to the fact that there were dangerous moving parts in the machine and his right arm was sucked into a moving part of the machine, causing his right hand and lower arm to become entangled.
His arm had to be subsequently amputated below the right elbow. He subsequently returned to Ireland. He was then under the treatment of Prosthetist/Orthotist with a view to restoring some function to his right arm in order that he could potentially resume farming activities.
Matters were complicated by his father’s premature death in 2018 and he had difficulty operating the farm. Additional machinery had to be purchased to assist him carrying out a lot of the other mundane farming tasks that he would otherwise have been able to do.
He was regularly assisted by family and neighbours. There were also significant psychological impacts, including sleep disturbance, flashbacks and panic attacks. He was also unable to return to many of his pre-accident leisure activities, including swimming and cycling.
The plaintiff obtained expert evidence from an agricultural consultant who gave a report as to how the accident had impacted on his farming career and income-earning potential.
The judge awarded damages of over €3.4m to the plaintiff with costs. General damages for pain and suffering and loss for €175,000 to date and €75,000 for the future, and he also allowed €3m future prosthetic costs and the costs of the machinery which he had to purchase due to the injury, totalling €150,000.
Jurisdiction
This is an interesting case as it involves seasonal workers outside of the jurisdiction, and the plaintiff was still able to bring a case. A judgment has now been granted against the defendants and will have to be enforced in New Zealand. The case also deals with more serious injuries arising out of farm accidents and potential damages that can be obtained.
Of course, each case depends on the medical evidence presented and the nature of the injuries. This case is slightly unusual as well in that liability was not disputed as judgment in default was obtained. In the event that liability had been disputed, the court would have to have considered the nature of the accident as to whether the accident could have been prevented and whether the defendants were potentially negligent.
In cases like this, the court may also consider whether the party bringing the claim in any way contributed to the accident, which is a doctrine known as contributory negligence. If you have been involved in a farm accident, including a serious farm accident, it is advisable that you consult a solicitor, and they will assist you with bringing a claim.
(Source – Irish Examiner – Farming – Stephen Coppinger – 03/04/2024)