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Court Awards Compensation for a Brain Injury in a Farm Accident

The Edinburgh Court of Session has awarded a twenty-one year old man £325,000 compensation for a brain injury in a farm accident thirteen years ago.

On June 28th 2003, Craig Anderson was just eight years of age when he suffered a brain injury at the Hillhead Farm in Torrance, Stirlingshire. Craig had been playing football with a friend who lived at the farm, when the two boys decided to herd sheep through a gate and into a barn.

In order to reach the chain that opened the gate, Craig climbed onto the gate´s lower rung. Unfortunately the gate was unstable and unable to support Craig´s weight; and, as he lifted the chain from its metal post, the gate fell back onto Craig – trapping him to the ground after he had fallen.

Craig was taken to the Stobhill Hospital in Glasgow before being transferred to the Royal Hospital for Sick Children in Yorkhill. Because of the extent of his head injuries, Craig spent a further three weeks in the specialist unit of the Southern General Hospital.

At a hearing to establish liability in October, Craig told the court that, because of his brain injury, he led a very protected childhood, his academic performance suffered, and he was unable to complete a college course because of “very severe” headaches.

Craig´s claim for compensation for a brain injury in a farm accident was contested by the owners of the farm – John and Antoinette Imrie – who argued that they had fulfilled all duties of reasonable care towards Craig. However, although Lord Pentland absolved John Imrie of any responsibility for Craig´s accident, the judge found that Antoinette Imrie had not done enough to prevent the accident.

In a written verdict stating that Antoinette Imrie had failed in her duty to guarantee Craig´s safety, the judge found her liable for his injury and ordered that she pay £325,976 compensation for a brain injury in a farm accident.