Rural Protect Case Study: Fatal accident on a farmyard involving a moving tractor

Rural Protect Case Study: Fatal accident on a farmyard involving a moving tractor

This case study demonstrates how Rural Protect helped ease stress and financial damage for the insured directors by paying their legal costs and HSE intervention fees when they were prosecuted under Section 2 of the Health & Safety at Work Act 1974.

Business type: Dairy Farmer

Section of cover: Company Legal Liability

Applicable cover: Wrongful Acts

Circumstance: Fatal accident in a farmyard due to a worker falling in front of a moving tractor.

Legal fees value: £43,728

The scenario:

The Health and Safety Executive (HSE) started investigations as there was a breach of health and safety law at a dairy farm when a fatal accident occurred involving an employee who walked in front of a moving tractor.

What happened?

A prosecution case was brought forward under Section 2 of the Health & Safety at Work Act 1974 and the directors were faced with a fine of £100,000. The insured directors pleaded guilty.

The outcome:

The insured directors were assisted financially by Rural Protect which covered £7,678 worth of prosecution costs incurred by the prosecutor to pursue the matter, £30,000 of court fees, and £6,050 of HSE’s Fee for Intervention. With help from rradar’s defence team and financial backing from Rural Protect, the dairy farm business was able to continue trading.

Things to consider:

Rural Protect offers cover for Company Legal Liability (CLL) which protects your whole company if a claim is made against your business for negligence or ‘wrongful acts’ and any costs that are incurred by the business as a result of having to obtain legal representation are covered.

If your client runs a farm (notorious for being one of the most dangerous workplaces*) or a similar type of business which could be at high risk of facing issues like the above, it would be worth speaking to them about Rural Protect.

If you would like to know more about Rural Protect, call us on 01653 609090 or email enquiries@hbunderwriting.co.uk.

Source:

* https://www.hse.gov.uk/statistics/fatals.htm

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