Micro-sleep accident

Eyres v Atkinsons Kitchens and Bedrooms Ltd CA TLR 21 May

The claimant was a kitchen fitter who appealed against the dismissal of his claim for damages against his employers for serious injuries received when he crashed his employer’s van after being awake for 19 hours. He alleged that the accident was caused by a micro-sleep, which according to the expert evidence lasts 1–10 seconds and which the subject might not recall. There was witness evidence that before the accident there had been nothing wrong with the claimant’s driving. Taking all the factors into account and balancing one argument against the other, the claimant had shown on the balance of probabilities that he fell asleep and that that was the cause of the accident. However, the claimant must have realised the risk of falling asleep, but he was in that predicament because his employer had put him there and had done nothing to guard against the risk of injury from which he ought to have been saving his employee. Accordingly, the claimant would be responsible for one third contributory negligence.