Workplace Accident in Belgium

Published date: 30 Jul 2007

The Claimant, Mr Hugh Herdman was asked to drive his lorry to the premises of a Belgium company to collect pallets of bibles for delivery on 13^th January 2003.

On exiting the premises, he was directed to walk through a side door taking him down a flight of steps to the loading bay. It was dark and the steps had no hand rail. As he stepped onto the steps, the paving bricks were sunken and the steps slippery and he slipped and fell to the bottom.

The Claimant sustained a serious knee injury which has meant he has been unable to regain full knee extension, and has not been able to return to work as a lorry driver.

The Claimant brought a claim against the company which owned the premises alleging inter alia that the failure to provide a handrail on the stairs breached Belgium law and that the failure to provide adequate lighting on the staircase was in breach of an EC directive that had been adopted into Belgium law and that such breaches were causative of his accident.

At first instance, the court in Belgium dismissed the Claimant’s claim on the following grounds:-

1. There was no witness evidence to confirm the accident circumstances and no independent proof that the Claimant fell.
2. Even if the Claimant did fall, there was no indication that the stairs were defective. The absence of a handrail did not mean that the stairs were defective.
3. The fact that supports and lighting were introduced after the accident were not considered to be an acknowledgement of liability.

The Claimant decided to appeal the lower court’s decision. The Court of Appeal in Antwerp overturned the decision of the lower court and found for the Claimant. The Court held that:-

1. On the evidence, the Claimant did fall down the stairs.
2. The said stairs were not equipped with adequate lighting and did not have railings, and that this was contrary to Belgium law.
3. The level of damages is still to be decided by the court.

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