Compensation for caretaker who fell from stepladder


By Roxanne Millar

An injured school caretaker could get more than £35,000 in compensation after successfully claiming he was not shown how to use a stepladder.

Anthony Gower-Smith, 73, fell off the 1.8m stepladder at Awbridge Primary School in Romsey in 2004, fracturing his skull and cheek bone and injuring his kidney.

He ended up in intensive care and has not been able to work since.

The High Court this week upheld his claim that Hampshire County Council had not shown him how to use the stepladder. It will now assess his compensation.

Mr Gower-Smith wants £50,000 but this is likely to be reduced 25% to reflect his contributory negligence, the BBC reported.

The court heard how Mr Gower-Smith had signed an induction training sheet in 2002 to show he had received training to use stepladders.

While a health and safety report at the time claimed he had positioned the ladder improperly before overbalancing.

But lawyers argued that Mr Gower-Smith’s training was deficient and that while he knew he should not go on the ladder’s top platform, he did, and increased the likelihood of overturning.

Lawyers said his lack of training was responsible for the lack of awareness of the extent of danger posed and the accident itself.

He won the case on the basis that the council was 75% to blame.