Daisy will not pay compensation to the 18-year-old was seriously injured in an accident in the amusement park for a year and a half ago. Now, go it towards the trial.
– He feels completely overrun by their former employers, says lawyer Christian Lundin in The law firm Ness Lundin, THEN, to VG.
Sommervikaren worked as an operator at the water-roller-coaster-path “SuperSplash” 30. July 2015, when he stepped wrong, so that the left foot came in the hug and was almost completely severed below the knee.
After several months of hospital treatment, managed the doctors to save the leg.
the Doctors have done an amazing job, but he will have impaired function in the leg the rest of his life, ” says Lundin, who has assisted the man after the accident.
According to the solicitor then the case will end up in court if the Daisy does not pay compensation to the client, which soon fills 20 years.
Has denied the claim
Daisies AS does not believe there is gross negligence from the company side that provides the basis for oppreising, and has rejected the claim. Lundin is not in agreement with the assessment.
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” We believe that the park has acted grossly negligent by failing to ensure the attraction, and that there is a breach both of the safety instructions and the working environment act. Here one could with entirely simple measures have prevented such an accident.
11. november the case was dismissed by the South-Eastern police district, on the bevisets position. Lundin has appealed henleggelsen to statsadvokatembetet in Oslo, and requested that the amusement park will be subject to a foretaksstraff.
Teens on summer job
– On behalf of the boy who was injured I think it is aggravating that the staff at the attractions are teenagers on a summer job, without any requirement to assess the risk of injury the attractions may result, ” says the lawyer.
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He has now sent a so-called prosessvarsel to Daisy AS, and warned that the man who was injured is intent on taking the company to court.
– Comes matter for the court, the case will be about more than my client. Then will the lack of safety for all employees in the park to be a theme, since the staff is rotated between the attractions, ” says Lundin.
– Should give the customers “high five”
the 18-year-old who was injured has explained to the police that the employees had been told to give the customers “high five”, to create a good atmosphere for the guests. He also explained that he had received information of the leaders in the attractions that he could do this.
– To provide customers with “high five” while they sit in an attraction, is clearly liable to create dangerous situations with high risk for serious injury. It is very culpable that the Daisies by leaders in the attractions has encouraged the employees to this practice, writes Lundin in the letter to the statsadvokatembetet.
He believes it must be assumed that the key persons in the Daisies AS not only was aware of the trend among the employees, but that employees were encouraged to this.
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– It suggests that Daisy has given priority to satisfied customers over their employees ‘ safety, writes Lundin.
Implemented several measures
After having received several orders from the labour Inspection authority, launched Daisy, a range of measures after the accident last summer.
A mechanical switch ensures that the operator is in safe distance to the vehicle in motion. The platform at the “SuperSplash” is also marked with a longitudinal yellow stripe to raise awareness of the operator on its own position in relation to the boat.
It was in addition initiated a physical action in the transition between platform and rail track, with the capping, which prevents that it is possible to step the foot down on the skinnegangen.
Lundin believes this shows that the safety of the attraction were not good enough.
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I had hoped and believed that Daisy would have a more attentive attitude after it happened.
do not comment
VG has asked a number of questions about the matter to the managing director Bjørn Håvard Solli in the Daisies AS. Marketing manager Erik Røhne Andersen answers this in a e-mail:
Daisy can confirm that we have received prosessvarsel. Since there is still dialogue between the parties, and there is saksforberedelser it will be natural for us to not comment on the details of the case at the present time.
Tilsynsleder Cathrine Prahl Reusch in the labour Inspection authority informs VG that tilsynssaken against the Daisies now are ended.