Introduction

Mr R was an employee at a Pizza Hut Delivery restaurant in London. He was employed as a receptionist but if the telephone line was quiet he was instructed to assist with clearing up in the kitchen.

On 17 August 2010 Mr R was asked to assist with clearing the pans away in the kitchen. Mr R was standing facing a table and was putting away the pans that were on the table onto a shelf behind and above him. Mr R had been doing this for 5 minutes when his Manager placed a deep pan pizza tray filled with hot oil that he was using for cooking amongst the dry pans Mr R was putting away.

Mr R picked up the pan of hot oil without realising its contents and consequently the oil went over his hand, arm, body and onto his legs.

Mr R managed to keep his clothes away from his skin which prevented bad burns to his body, however, his right hand was burnt in the incident.

Legal case

We were instructed by Mr R on 21 September 2010.

A letter of claim was sent to Pizza Hut on 22 October 2010 stating that they were responsible for the acts of their employees and that their employee had been negligent in placing the pan containing hot oil amongst the clean pans without warning Mr R of its presence.

On the 5 January 2011 the Defendant admitted liability for the claim.

Medical Evidence

A report of a Consultant in Accident and Emergency Medicine was obtained who reported that as a result of the accident Mr R had suffered from burns on his right hand which caused him pain resulting in him having a month off work. As a result of these burns Mr R had minor scars over his thumb and middle finger. Furthermore, Mr R suffered from a scar measuring 2.7m x 1.5cm on his index finger which was still hyper pigmented at the time of the report, and would take at least 2 years to fade.

Mr R was very conscious of the scars on his hand and constantly wore plasters to cover them.

Settlement

A schedule of expenses was prepared for Mr R showing that as a result of his accident he had lost earnings and incurred incidental losses of £643.61.

Mr R's damages for his pain and suffering were assessed at £1,700.

On 14 March 2011 an offer was made to the Defendant to settle Mr R's claim in the sum of £2,343.61 plus his legal costs

This was accepted by the Defendant and the Mr R's case was settled.

Russell-Cooke acted for Mr R pursuant to a 'no win, no fee' agreement.

In addition to the settlement, the Defendant also agreed to pay his legal fees.