Thursday 23 October 2014

Man awarded €49,000 damages after explosion of digger radiator

Published 24/01/2013 | 17:30

A CONSTRUCTION worker who suffered burns after hot water and steam from a digger's radiator exploded on him has been awarded €49,000 damages by the High Court





Pawel Ciawlowski (aged 32) suffered burns to 14 per cent of his body after the hot steam and water from the radiator of a digger he was working on exploded.



Making the award, Mr. Justice Iarfhlaith O'Neill said Mr Ciawlowski had suffered a "nasty injury".



Mr Ciawlowski, The Drive, Athlumney Abbey, Navan, Co Meath, sued his employers Emdan Developments Ltd of Bective Street Kells, which is liquidation, arising out of an accident that occurred on August 9 last at a shop at Cavan Road, Kells, Co Meath.



He claimed the defendants were negligent, and had exposed him to an injury which they ought to have known. They had also failed to heed to reports that the digger was overheating.



The action was not defended and was before the court for assessment of damages only.



Today Patrick O Connell SC for Mr Ciawlowski told the court that during the course of his work his client was directed to put water into the radiator of a digger. On opening the radiator hot water steam exploded out onto his client's body, counsel added.



Mr Ciawlowski suffered burns to his chest, abdomen, face and arms. He was sent to hospital in Navan before being transferred to the burns unit at St James Hospital in Dublin. He was in hospital for several days and his wounds required dressing for several months. During this time he was unable to work, go on a planned holiday to Spain, or go to the gym.



Counsel said his client has been left with a permanent, ugly scaring on his chest, and loss of skin pigmentation. He had to take care in sunshine as his skin might burn easily.



In his ruling Mr. Justice O'Neill said Mr Ciawlowski while had made a good recovery he had "suffered a great deal" as a result of his injuries.



In the circumstances, he was entitled to damages of €49,757, he said.

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