The Plaintiff in this case was working in a restaurant and was carrying oil from a deep fat fryer in a plastic carton, when the bottom of the plastic carton collapsed and the oil spilled onto the Plaintiff’s leg causing him severe burns.
The Plaintiff sued his employer for having an unsafe system of work in the system for removing oil and also for failing to provide proper equipment for removing the oil. The Plaintiff claimed for pain and suffering in relation to the burns which he had suffered. This claim for pain and suffering covers the pain suffered both up to date of the trial of the action but also for pain and suffering which the Plaintiff’s doctors stated that he would have going forward. A court will determine the compensation for pain and suffering based on the severity of the injuries as well as any operations which a Plaintiff needed to have for their injuries and the treatment which they required. A court will also look at the medical opinion to see what level of pain and suffering the Plaintiff will have into the future and whether their injuries are permanent. The Plaintiff in this case also claimed for loss of earnings, both for the time he was unable to work after the accident but also for loss of earnings into the future as he was no longer able to work the number of hours which he was able to work prior to the accident.