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Soundman wins BBC damages claim Soundman wins BBC damages claim
(20 minutes later)
A sound recordist now dependent on a wheelchair after he was hit by the arm of a wind turbine has won damages after "gross failures" by the BBC.A sound recordist now dependent on a wheelchair after he was hit by the arm of a wind turbine has won damages after "gross failures" by the BBC.
Freelance Adam Jones, 45, had been helping make a documentary about an "eco-community" in Pembrokeshire.Freelance Adam Jones, 45, had been helping make a documentary about an "eco-community" in Pembrokeshire.
A cameraman and the landowners were also found negligent in the case at Cardiff High Court.A cameraman and the landowners were also found negligent in the case at Cardiff High Court.
In response, the BBC said it was studying the judgement "carefully". Damages are yet to be decided.In response, the BBC said it was studying the judgement "carefully". Damages are yet to be decided.
Mr Jones suffered multiple injures and was left paralysed when part of the wind turbine fell on him at the Brithdir Mawr farm near Newport in Pembrokeshire in October 2001.Mr Jones suffered multiple injures and was left paralysed when part of the wind turbine fell on him at the Brithdir Mawr farm near Newport in Pembrokeshire in October 2001.
Mr Jones and cameraman Jonathan Rees had been recording the lowering of the turbine for repairs when the arm sheared off.Mr Jones and cameraman Jonathan Rees had been recording the lowering of the turbine for repairs when the arm sheared off.
Given their position as employer, those failures were gross Judge Gary HickinbottomGiven their position as employer, those failures were gross Judge Gary Hickinbottom
The court had heard his injuries included multiple spinal damage which left him permanently wheelchair-dependent and unable to return to work, with his daily life affected by chronic pain.The court had heard his injuries included multiple spinal damage which left him permanently wheelchair-dependent and unable to return to work, with his daily life affected by chronic pain.
Mr Jones told the court he had not been given warnings of any potential danger involved.Mr Jones told the court he had not been given warnings of any potential danger involved.
He said his sound equipment had been hooked up to the camera being used for filming and when the cameraman moved under the mast, he followed.He said his sound equipment had been hooked up to the camera being used for filming and when the cameraman moved under the mast, he followed.
He also denied the BBC's producer had warned him of the way the mast was to be lowered for repairs.He also denied the BBC's producer had warned him of the way the mast was to be lowered for repairs.
The BBC had denied blame but Judge Gary Hickinbottom found the corporation 65% responsible.The BBC had denied blame but Judge Gary Hickinbottom found the corporation 65% responsible.
Long-standing friendLong-standing friend
The judge said the BBC "substantially failed" in its duty as employer to Mr Jones.The judge said the BBC "substantially failed" in its duty as employer to Mr Jones.
He said it failed to tell him that in no circumstances should he go under the mast, and failing to exclude him from the hazardous area.He said it failed to tell him that in no circumstances should he go under the mast, and failing to exclude him from the hazardous area.
The BBC was also in breach of its contract to notify a freelance of "reasonably foreseeable risks," the judge ruled.The BBC was also in breach of its contract to notify a freelance of "reasonably foreseeable risks," the judge ruled.
"Given their position as employer, those failures were gross," the judge added."Given their position as employer, those failures were gross," the judge added.
The Brithdir Mawr landowners were given 25% of the blame and cameraman Mr Rees 10% in the judgement.The Brithdir Mawr landowners were given 25% of the blame and cameraman Mr Rees 10% in the judgement.
"Of course, one can only have sympathy for Mr Rees - a long standing friend of Mr Jones. They remain close," the judge said"Of course, one can only have sympathy for Mr Rees - a long standing friend of Mr Jones. They remain close," the judge said
"However, Mr Rees's action in leading Mr Jones under the mast amounted to more than momentary inadvertence at work - because Mr Rees (unlike Mr Jones) well knew that he was going under the mast.""However, Mr Rees's action in leading Mr Jones under the mast amounted to more than momentary inadvertence at work - because Mr Rees (unlike Mr Jones) well knew that he was going under the mast."
The BBC would like to express once again its sincerest regret over the injuries that Mr Jones suffered. BBC statementThe BBC would like to express once again its sincerest regret over the injuries that Mr Jones suffered. BBC statement
While not sharing the same burden as the BBC as employers, the land owners "must bear a significant proportion of the liability," the judge said.While not sharing the same burden as the BBC as employers, the land owners "must bear a significant proportion of the liability," the judge said.
Father-of-two Mr Jones, who lives in Newport, had been claiming damages of £1.5m and the settlement will be decided at a later hearing. Father-of-two Mr Jones, who lives in Newport in south Wales, had been claiming damages of £1.5m and the settlement will be decided at a later hearing.
On Friday, he said he was "delighted" with the judgement which he said "at last sees the BBC and two of the other defendants held to be totally responsible for my injuries."On Friday, he said he was "delighted" with the judgement which he said "at last sees the BBC and two of the other defendants held to be totally responsible for my injuries."
"My disability is permanent but I am now at least able to begin to plan for the future," said Mr Jones."My disability is permanent but I am now at least able to begin to plan for the future," said Mr Jones.
Highest priorityHighest priority
The BBC issued a statement saying "The BBC has received the judgment and is studying it carefully.The BBC issued a statement saying "The BBC has received the judgment and is studying it carefully.
"The BBC would like to express once again its sincerest regret over the injuries that Mr Jones suffered."The BBC would like to express once again its sincerest regret over the injuries that Mr Jones suffered.
"The BBC gives the highest priority to health and safety and has reviewed and reinforced the necessary measures as a result of this tragic accident.""The BBC gives the highest priority to health and safety and has reviewed and reinforced the necessary measures as a result of this tragic accident."
Mr Rees said he had "no point of view to offer on the judgement".Mr Rees said he had "no point of view to offer on the judgement".