Recently, I had to make a delivery from a tail lift to a store. I boomed out the underslung lift, got onto it and raised it to the top level. I opened up, rolled out two cages, and lowered the tail lift so the shop staff could remove them. This was the first time the down button had been used. As they were taking those off, I got the next two cages ready. I raised the tail lift and removed my finger when it had reached the upper level. I pulled the cage (which was the smallest one on the whole delivery luckily at around 40-50kg incl the cage) onto the tail lift. The down button had stuck in from when I had last used it, and I stepped into thin air.
It was a drop of around 2ft with the roll cage in hot pursuit!
My question is… as this was a tail lift malfunction, and probably not negligence, do I have a case for compensation? I’m still off work with chiropractors and doctors appointment lined up! It’s still very raw at 5 days though…
Please help!
DaveBoy
funkywolf:
Recently, I had to make a delivery from a tail lift to a store. I boomed out the underslung lift, got onto it and raised it to the top level. I opened up, rolled out two cages, and lowered the tail lift so the shop staff could remove them. This was the first time the down button had been used. As they were taking those off, I got the next two cages ready. I raised the tail lift and removed my finger when it had reached the upper level. I pulled the cage (which was the smallest one on the whole delivery luckily at around 40-50kg incl the cage) onto the tail lift. The down button had stuck in from when I had last used it, and I stepped into thin air.
It was a drop of around 2ft with the roll cage in hot pursuit!
My question is… as this was a tail lift malfunction, and probably not negligence, do I have a case for compensation? I’m still off work with chiropractors and doctors appointment lined up! It’s still very raw at 5 days though…
Please help!
DaveBoy
Welcome to Trucknet-UK funkywolf 
Firstly I’m sorry to hear of your accident and hope you are fit and back at work soon
As far as the accident is concerned I have no legal expertise whatsoever so can only give a personal opinion.
You say the accident was caused by a tail-lift malfunction and not negligence, well I’ve had exactly the same problem with a tail-lift down button sticking and came out of the incident unharmed simply because I was looking what I was doing, this accident may have been caused partly by the tail-lift malfunction but it was in my opinion largely due to your negligence in not taking appropriate care.
To put it bluntly if you’re working with a tail-lift you should make sure the thing is there before stepping onto it.
I know this is not what you want to hear but as I said I can only give a personal opinion and others may think differently, if you have access to free legal advise as many people have these days I’d use it otherwise you could try here, but to be honest I wouldn’t be too optimistic about getting compensation.
Good luck
I can see where you’re coming from… I just hope you’re wrong!
Did it hurt when you “removed your finger?” 
I would remind you of what your Mother used to tell you, “look where you are going”
Seems debatable whether these hotshot no win no fee experts would take it on.
a fella i use to work with fell off a tail lift and he got a few quid but he did do himself some damage and was off work for atleast 6 months
funkywolf:
Recently, I had to make a delivery from a tail lift to a store. I boomed out the underslung lift, got onto it and raised it to the top level. I opened up, rolled out two cages, and lowered the tail lift so the shop staff could remove them. This was the first time the down button had been used. As they were taking those off, I got the next two cages ready. I raised the tail lift and removed my finger when it had reached the upper level. I pulled the cage (which was the smallest one on the whole delivery luckily at around 40-50kg incl the cage) onto the tail lift. The down button had stuck in from when I had last used it, and I stepped into thin air.
It was a drop of around 2ft with the roll cage in hot pursuit!
My question is… as this was a tail lift malfunction, and probably not negligence, do I have a case for compensation? I’m still off work with chiropractors and doctors appointment lined up! It’s still very raw at 5 days though…
Please help!
DaveBoy
Have you been trained in safe use of a tail lift by your company?? If not then claim away.
It’s more that there was a clear malfunction with the tail lift. It didn’t do the job it was supposed to do and therefore was not fit for purpose. Now in the hands of solicitors while I’m at least £500 worse off!
Whether it was fit for purpose or not, the judge or opposing solicitor may ask embarrassing questions.
BUT;
I have used various roller shutter doors, mostly with warning signs about being trained to operate them. Some work when you hold your finger on THE button, some work when you press the UP button, Some work when you press the DOWN button.
Now ask yourself this, would you drive through a roller shutter door after pressing the UP button without checking the door was fully open?
I used to deliver ‘competent user’ training for tail lifts. You should’ve heard how many drivers said it was taking the ■■■■, an insult to them and that ‘any idiot can use these’ . . . . . . .
Evidently not. 