Louise Jane Palmer v Russell Timms & Ors
[2024] EWHC 2292 (KB)
Veronica Marie Smith v Alan Clarke
16 February 2024
[2024] EWHC 322 (KB)
High Court
A horsebox trailer detached, killing one person and injuring another. The driver was found responsible because he didn't properly tighten the bolts connecting the trailer and had overloaded the trailer in the past. Even though the horsebox recently passed inspection, the driver still had to make sure it was safe, and he didn't.
Key Facts
- •Accident on June 19, 2018, involving a horsebox and trailer detaching, injuring Mr. Smith (fatally) and Mr. Parson.
- •Mr. Alan Clarke owned and drove the horsebox.
- •Claims brought by Mr. Smith's widow and Mr. Parson against Mr. Clarke for negligence.
- •Trailer detachment due to metal fatigue in bolts connecting the coupling.
- •Defendant convicted of three offences related to the unsafe condition of the vehicles.
- •Expert evidence pointed to insufficiently tightened bolts and overloading as potential causes of the fatigue.
Legal Principles
Duty of care in negligence requires reasonable care to ensure roadworthiness.
Common law
Inference of negligence (res ipsa loquitur) can shift the evidential burden to the defendant.
Common law
Standard of care depends on the nature and extent of the risk.
Common law
Vehicle owners have a duty of care; MOT certificates don't absolve them.
Case law (Rees v Saville, Worsley v Hollins)
Even with regular inspections, further precautions are needed for known risks.
Case law (Barkway v South Wales Transport, Henderson v Henry E Jenkins & Sons)
Outcomes
Defendant found liable.
Negligent failure to maintain the coupling bolts (insufficient tightening) and overloading the trailer in the past caused or contributed to the accident.