PC Christopher Pearson is pursuing his police force employers in a personal injury claim after sustaining serious injuries in a car crash in August 2006.
The 28-year-old was travelling at speed after noticing and following a suspicious vehicle. PC Pearson took hit a kerb when rounding a corner, lost control of his Northumbria Police vehicle, and sustained serious injuries to his knee and his back. He is still unable to resume full duties at work after almost 5 years. His passenger PC Emma Wilkinson was also seriously injured and is also yet to resume her full duties in the force.
PC Pearson will presumably be pursuing Northumbria police force in an action for common law negligence and breach of statutory duty. The common law negligence action would be for breach of his employers’ duty of care to provide a safe place and/or system of work whereas any potential action based upon statutory breach would be under the Management of Health and Safety Regs 1999.
To succeed in a common law action for negligence PC Pearson would have to on the balance of probabilities show that his employer breached their duty of care through failure to uphold a reasonable standard of care in maintaining and providing suitable equipment, which resulted in his sustaining injuries. To succeed in a claim for breach of statutory duty he would have to show that on the balance of probabilities his employers had breached their duties under the relevant regulations.