Father-son court fight over work accident ends in partial victory

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The Court of Appeal has partially upheld an appeal in a long-running workplace injury case from Larnaca (Case 1622/11) dating back to 27 July 2010.

The claimant, an experienced painter and co-founder of the family business, suffered a moderate lumbar spine fracture when a rope snapped while he was trying to secure scaffolding onto the company’s double-cab vehicle.

He sued the family-owned contracting company (run by his father) claiming negligence for providing unsuitable equipment and unsafe working conditions. He originally sought €14,733 in special damages plus general damages for pain, seven months’ incapacity and alleged permanent disability.

The employer denied the accident ever happened or, alternatively, blamed the claimant entirely for using worn rope and overloading the vehicle.

The District Court (judgment 7 November 2015) found both sides at fault:

  • The company was negligent in allowing unsafe loading practices.
  • The claimant contributed 50 % through his own unsafe actions. Damages were awarded at €7,000 general + €7,305 special, then halved.

On appeal, the Court of Appeal upheld most findings but ruled the claimant’s contributory negligence was overstated. It reduced his share of blame from 50 % to 25 %.

Final award:

  • €5,250 general damages (plus interest from 27.07.2010)
  • €5,478.75 special damages (plus interest from 19.05.2011)
  • €2,000 appeal costs (plus VAT if applicable)

All other grounds of appeal were dismissed.


Also read: Arrest of man wanted on European warrant at Larnaca airport

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