A man’s bicep ripped off as he was carrying a hot tub in to his garden and he is now suing the company for £200,000.
It happened while Darren Berryman, 49, from Hertfordshire, was helping the delivery man carry the purchase.
The sales executive heard a sudden ‘pop’ while he was lifting the heavy load and felt excruciating pain.
He is now suing Bedfordshire Hot Tubs because he claims the delivery driver dropped the hot tub without warning, causing the injury.
Lawyers for the company do not accept Darren’s claim though and do not accept any negligence caused an injury to him.
According to documents filed at the High Court in London, Mr Berryman, of Redbourn, near St Albans, was taking delivery of the hot tub when the muscles were torn from his elbow joints.
‘He was assisting the defendant’s operatives to lower the hot tub from the trolley and when it was about six inches from the ground, the defendant’s operatives released hold of the hot tub to let it drop and fall to the ground,’ his lawyers say.
‘But none of the defendant’s operatives informed Mr Berryman they were going to let go of the hot tub and he was left holding the full weight of the hot tub on his hands and flexed elbows.
‘He heard a pop sound and suffered pain in both arms. He was subsequently found at hospital to have suffered a distal rupture of the biceps of both arms.’
Mr Berryman says he suffered ‘loss, damage and considerable inconvenience’ as a result.
Blaming the company for his accident, Mr Berryman’s lawyers claim its delivery men were negligent in failing to warn him of the ‘risk of injury’ if he helped them unload it.
They were also negligent in allowing him to help when he was not trained or qualified to do so, and should have used an air balloon to safely lower it to the ground rather than dropping it, it is claimed.
But defence lawyers for the company disagree saying: ‘No admissions are made as to the happening, facts or circumstances of the alleged accident.
‘The claimant is put to strict proof as to the nature, timing and occurrence of the circumstance surrounding the accident and the injury as alleged.
‘No admissions are made as to causation, nature or extent of the claimant’s alleged personal injury, loss and damage.’
The claim has been filed at the High Court in London but has not yet gone before a judge in court.
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