Postman to sue RM (200k) after letterbox amputates fingertip

[POSTMAN]

Postman to sue Royal Mail after letterbox amputates fingertip

http://news.stv.tv/scotland/319630-post ... fingertip/" onclick="window.open(this.href);return false;

A postman who had part of a finger amputated by a letterbox while delivering mail is seeking £200,000 damages from his former employer.

Gary French was out on a round in the Borders village of West Linton when he suffered the injury posting a letter in Lyne Park.

Mr French, 51, of Peebles, is now suing Royal Mail for compensation at the Court of Session in Edinburgh following the incident.

The firm maintains it is not liable to make reparation to him and contends that the sum sued for is excessive. A judge decided on Wednesday that the case should go to a full hearing of evidence.

Lord McEwan said: "I think any legal matters that will arise can be dealt with after an inquiry into the facts."

In the action it is said that Mr French was working as a postman on March 26 in 2013 when he delivered a letter to the West Linton address.

The action reads: "Suddenly and without warning the letterbox cut off the tip of his right index finger as he withdrew his finger from the letterbox. He had not posted a letter to that address previously.

"As a result of the accident, the pursuer suffered a traumatic amputation of the tip of the right index finger."

Mr French was taken to hospital for treatment and wore dressings for about two months and underwent physiotherapy.

His counsel, Andrew MacMillan, told the court: "He had been on the route the day before, but he did not have a letter to post at this address."

Other postmen who had delivered to the address previously should have reported the dangerous letterbox to their employer, it is maintained.

In the action it is said Royal Mail had a system for warning employees about the risks of danger from animals or letterboxes on their route.

In Mr French's case it is said that if such a warning had been given he would have used a piece of equipment, known as a posting peg, when making the delivery.

Royal Mail maintains that it fulfilled its duty of care towards Mr French and that it would not be "reasonably practicable" to inspect every letterbox postal workers might encounter.

Royal Mail also contends that it provided Mr French with adequate health and safety training.

Mr French, a stonemason, maintains that he is at a disadvantage in the labour market following his injury and will have difficulty undertaking employment which would require him to work in cold and wet conditions.

It is said that he now has some discomfort in the index finger in wet and cold weather and feels awkward carrying out some activities.

Mr French is claiming damages in the action for pain and suffering, loss of income and employability and services.

[POSTMAN]

Royal Mail maintains that it fulfilled its duty of care towards Mr French and that it would not be "reasonably practicable" to inspect every letterbox postal workers might encounter.

[POSTMAN]

Whether 200k is excessive or not,if he wins anything then what kind of s**t storm are we going to get for not reporting things to go in the walk log,and for not reading the log.

[El-Bandito]

Fingers crossed Gary French. Oh wait. Good luck.

[daveyeff]

they'll say his fingers shouldn't be going through the letterbox, and he's trained not to do that.

[wannabeek]

Seriously? Has this guy a chance? I deliver to about 12,000 assorted letterboxes on the various rounds I cover and no finger of mine has ever been inside any one of them. Some of them are dreadful. Surely everybody knows about this obvious hazard within moments of first being on delivery, don't they?

[Judgee]

You can take the top off your finger in pretty much any letter box if you use it incorrectly. Sounds like he was rushing so doesn't really have anyone to blame but himself.

Can't see him getting anything for his claim unless they want to reward him for being an idiot!?!?

[DB1100]

There's only one person knows that fact's of what happened,yet you lot are so quick to condemn him,with workmates like you who needs enemies.I'm glad I never served alongside you.

[Judgee]

There's only one person knows that fact's of what happened,yet you lot are so quick to condemn him,with workmates like you who needs enemies.I'm glad I never served alongside you.

The feeling's mutual!

If someone threw themselves in front of a bus and then sued the bus driver would you think that was ok too?


Just for you DB the facts as we know it....

The idiot cut the tip of his finger off in a letter box that his colleagues did not deem dangerous enough to report/flag up.

He is suing the RM for his own stupidity, not the owner of the letterbox who would be liable if it was deemed dangerous!


Not quite sure how many facts you need to make a judgement on this but I guess the posters above feel there is enough to go on!

[aiden01]

There's only one person knows that fact's of what happened,yet you lot are so quick to condemn him,with workmates like you who needs enemies.I'm glad I never served alongside you.

The feeling's mutual!

If someone threw themselves in front of a bus and then sued the bus driver would you think that was ok too?


Just for you DB the facts as we know it....

The idiot cut the tip of his finger off in a letter box that his colleagues did not deem dangerous enough to report/flag up.

He is suing the RM for his own stupidity, not the owner of the letterbox who would be liable if it was deemed dangerous!


Not quite sure how many facts you need to make a judgement on this but I guess the posters above feel there is enough to go on!

[TrueBlueTerrier]

Its only my opinion but I think even his solicitors think its a long shot and thats why they have gone for £200k.

For example here is a solicitors website take on compensation for various finger injuries: http://www.accident-claim-expert.co.uk/ ... claim.html" onclick="window.open(this.href);return false;

Examples of how much compensation your thumb and finger injury claim is likely to be worth
The amounts of compensation you can expect in finger injury claim or thumb injury settlement in 2013, are as follows :
1. Fracture to one finger average claim payouts
A simple fracture to any of your fingers, from which you have a full recovery within a year - the average compensation payout for your finger injury claim is likely to be between: £1,700 - £3,400
2. More serious broken bones claim settlements
Fractures to fingers and injuries to tendons from which you do not fully recover and lead to permanent stiffness in the finger and a small loss of grip in your hand can lead to a compensation settlement of: £3,000 - £11,700
3. Loss of part of finger (terminal phalange) compensation calculator
The amount of compensation depends on which finger is injured (the little finger results in the least amount of compensation and the index finger the most) and how much of the finger is amputated or lost . A compensation claim calculator will give monetary settlements between: £2,500 - £13,500
4. Loss or amputation of the whole of your finger
The loss of a finger will greatly hamper your hand's ability to function and lead to physical deformity. The amount of average compensation payouts your finger injury claim is likely to be worth: £5,500 - £65,000

[DB1100]

There's only one person knows that fact's of what happened,yet you lot are so quick to condemn him,with workmates like you who needs enemies.I'm glad I never served alongside you.

The feeling's mutual!

If someone threw themselves in front of a bus and then sued the bus driver would you think that was ok too?


Just for you DB the facts as we know it....

The idiot cut the tip of his finger off in a letter box that his colleagues did not deem dangerous enough to report/flag up.

He is suing the RM for his own stupidity, not the owner of the letterbox who would be liable if it was deemed dangerous!


Not quite sure how many facts you need to make a judgement on this but I guess the posters above feel there is enough to go on!

How do you know the householder didn't open the door halfway thru him posting the letters,any thing could have happened but you seem to think you know everything and dismiss him as an idiot,you are as bad as some of the managers always blame the postie.

[Judgee]

"The action reads: "Suddenly and without warning the letterbox cut off the tip of his right index finger as he withdrew his finger from the letterbox. He had not posted a letter to that address previously.""


Hmmm can't see any mention of someone opening the door DB can you? If they did open the door they would be suing the occupant would they not?

No I don't always blame the postie, but I can read, how about you?

[DB1100]

"The action reads: "Suddenly and without warning the letterbox cut off the tip of his right index finger as he withdrew his finger from the letterbox. He had not posted a letter to that address previously.""


Hmmm can't see any mention of someone opening the door DB can you? If they did open the door they would be suing the occupant would they not?

No I don't always blame the postie, but I can read, how about you?

Yes,I can read very well and I don't jump to conclusions like some people,how about you,and I wonder why the soliciter has decided to take it on,and the judge has decided it should go further,prehaps if you drop him a line and give him the benefit of your crystal ball he would be most grateful.If you had a bit more experience of how the press worked you might reealise that they don't always publish the full facts of a story,sometimes they only publish enough to get people commenting on a story but you wouldn't fall for that would you.

[Judgee]

"The action reads: "Suddenly and without warning the letterbox cut off the tip of his right index finger as he withdrew his finger from the letterbox. He had not posted a letter to that address previously.""


Hmmm can't see any mention of someone opening the door DB can you? If they did open the door they would be suing the occupant would they not?

No I don't always blame the postie, but I can read, how about you?

Yes,I can read very well and I don't jump to conclusions like some people,how about you,and I wonder why the soliciter has decided to take it on,and the judge has decided it should go further,prehaps if you drop him a line and give him the benefit of your crystal ball he would be most grateful.If you had a bit more experience of how the press worked you might reealise that they don't always publish the full facts of a story,sometimes they only publish enough to get people commenting on a story but you wouldn't fall for that would you.

Yes you are right. It was a news story put up on a forum and like a fool I commented on a forum... where people comment! Be a bit pointless without comments wouldn't it DB?

As for solicitors, I worked as a claims negotiator for many years and dealt with hundreds and believe me those ambulances chasing vultures would pursue anything if there was even the remotest sniff of a pay out. Just because they file a claim doesn't mean they think its a definite winner. More like throwing a handful of darts at a dart board in the hope of hitting a bullseye. I got more solicitors' claims thrown out than you've had hot dinners so please don't think you are an expert in this area as clearly you are not.

The Judge has to push it further due to the amount claimed, not because he thinks there is a case!

Going by the story presented, I and many other posters it would seem, consider this person an idiot. You do not and that's just dandy. You would hate working with us and strangely enough I expect many would struggle to get on with you so let's just leave this as it is yes? We commented on a forum that works on comments and you decided we are all the devils spawn!

Time to move on!