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Employer Liable after Worker Fell Asleep at the Wheel
8th May 2007
Michael Eyres, a driver, fell asleep at the wheel of his company van and crashed. He was flung from the van and was paralysed. The Court of Appeal has ruled that he can sue his employer for damages. The basis of his claim will be that his employers, Atkinsons Kitchens and Bedrooms, fostered a culture of long hours with the philosophy of 'you can sleep when you're dead'. There will be a reduction in compensation for contributory negligence as Mr Eyers was not wearing a seatbelt and he should have know he was at risk of falling asleep having already worked a 19 hour shift.
Whilst there are stringent rules regarding the hours drivers of lorries and HGVs can spend at the wheel, there is no such protection for drivers of smaller vehicles.
For more information, please contact:
Glasgow: Paul Brown or Michael McLaughlin
Edinburgh: Alan Strain
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.