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By Alric Lindsay
According to a Grand Court filing stamped on January 23, 2025, Kirk Isaacs Bailey is suing his employer, Caribbean Services & Development Inc. Ltd., for damages after he tripped and fell, leading to injuries. Bailey alleges that the accident was due to negligence by his employer.
Background
Based on the claim, Bailey worked as a lead carpenter with Caribbean Services & Development Inc. Ltd., a company operating petroleum and engineering services in George Town, Grand Cayman.
Reportedly, while Bailey was working within his employer’s warehouse with various large steel machinery situated at the worksite on February 10, 2022, he walked out of the machine room to fetch a tape measure in an adjoining room.
To get to the adjoining room, he had to cross over a coil lying loosely on the ground near the decoiler machine. The decoiler machine operated sporadically.
Upon attempting to step over the loose coil, Bailey’s foot was allegedly caught in the exposed machinery coil, causing him to trip forward and fall awkwardly to the ground, resulting in serious injuries.
According to the lawsuit, Bailey suffered personal injuries, loss and damage. These injuries included a rotator cuff tear to the right shoulder, radial neck fracture of the right elbow, bicep tendon strain to the right arm, hemathrosis to the right arm, elbow pain and limited range of movement, loss of mobility in the right arm, neck pain and discomfort and arm and shoulder pain and swelling. The lawsuit added that Bailey continues to suffer from the foregoing injuries and is impacted by them on a daily basis.
It is alleged that the injuries were caused by the breach of contract and negligence of Caribbean Services & Development Inc. Ltd., its servants, employees, and/or agents acting in the course of their employment, and/or by Caribbean Services & Development Inc. Ltd.’s breaches of its statutory duties under Part VIII, including, but not limited to, Sections 58-63 of the Labour Act (2021 Revision).
The alleged negligence and statutory breaches were set out as follows:
- Failing to maintain a safe worksite
- Failing to take any or any adequate precautions for the health, safety and welfare of its employees, and Bailey in particular, when engaged in the work he was directed to perform
- Failing to ensure that Bailey received adequate training for the purposes of health and safety, including training in methods to adopt when walking past the decoiler machine, and any risks which such activity may entail and precautions to be taken
- Exposing Bailey to a risk of damage or injury of which Caribbean Services & Development Inc. Ltd. knew or ought to have known;
- Causing, permitting or failing to prevent Caribbean Services & Development Inc. Ltd. from getting his foot caught in the decoiler machine;
- Failing to provide appropriate signage and barriers to allow the safe movement of its staff and especially Bailey from the rooms on the employer’s premises;
- Requiring or causing or permitting Bailey to walk by the decoiler machine knowing it operated sporadically and could cause a hazard;
- Failing to set up, implement and provide Bailey with a safe system of work and a safe working environment;
- Failing to ensure that Bailey had received adequate training for the purposes of health and safety, including training in the methods which may be adopted when traversing the room with the decoiler machine, any risks which such activities may entail and precautions to be taken;
- Failing to properly supervise and direct the workers in the warehouse including Bailey
- Failing to take any or any reasonable care to ensure that Bailey would be reasonably safe in using the work premises;
- Failing to warn Bailey and employees of the dangers of working in the warehouse with a sporadically operating decoiler
- Exposing Bailey to a risk of injury of which it knew or ought to have known
- Failing to make any or any suitable efficient assessment or evaluation of the risks;
- Failing to provide or maintain a safe place of work for Bailey; and
- Failing in all the circumstances to take reasonable care for the safety of Bailey;
Concerning his ability to work, the lawsuit alleges that Bailey could not work for many months, and when he returned, it was at a reduced capacity.
Reportedly, Bailey is currently rehabilitating following surgery, and it is unknown whether he will be able to continue to work as a carpenter until the age of retirement, given his injuries and the repetitive use of his arms required for this job. He has, therefore, suffered a past and future loss of income and earning capacity.
As a result of the foregoing, Bailey is asking the court to make the following awards:
A. General damages;
B. Special damages;
C. Pre-judgment and post-judgment interest on special damages from the date of loss pursuant to the Judicature Act (2021 Revision) and the Judgment Debts (Rates of Interest) Rules as amended;
D. Pre-judgment and post-judgment interest on general damages from the date of issuance of these proceedings pursuant to the Judicature Act (2021 Revision) and the Judgment Debts(Rates of interests) Rules as amended; and
E. Costs.
