A man injured in an industrial accident in 2001 was awarded almost €145,000 in damages by Mr Justice Lino Farrugia Sacco in the First Hall of the Civil Court.

John Peter Stanton filed his court case against his employer Schembri and Sons Limited. He told the court that in the course of his work he had to operate a machine that made moulds for concrete.

According to Mr Stanton, the machine was defective and he had to have the middle finger of his right hand amputated as a result of the injuries he sustained while making use of it.

The court-appointed technical experts who examined the machine concluded that although the machine was not defective, there was a poor grasp of the machine alterations and over-familiarity with danger through habit and failure to take dangerous situations seriously. The experts also found that there was failure to comply with procedures as these had not been made clear to the employees.

The experts added that the changing of the mould, which was done by Stanton, ought to have been left in the hands of other employees who were conversant with the job and not by Mr Santon, as this was not his regular job. Because procedures were not up to scratch it would have only been a question of time before someone was injured whilst changing the machine mould.

Mr Justice Farrugia Sacco that it was the employer's responsibility to provide a safe system of work and to eliminate all dangers and risks that could be eliminated. The employer had also to train his employees and establish safety procedures.

In this case the company had not fulfilled its obligations and it was responsible towards Mr Stanton in damages.

When assessing the damages the court noted that Mr Stanton was in constant pain and had in effect lost the use of his right hand. The surgeon who had operated on Mr Stanton told the court that Mr Stanton was in constant severe pain and that the complications that developed in his case were devastating. The surgeon concluded that Mr Stanton had suffered a 40 per cent permanent disability.

In conclusion the court found in favour of Mr Stanton and awarded him €144,675.63 in damages