TV star shares details of ‘life-changing’ horror farm accident

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TV star and Paralympian Samantha Kinghorn has shared details of the life-changing accident she suffered on her family’s farm when she was just 14 years old.

The sports star and BBC Countryfile TV presenter spoke to OK! Magazine to highlight the horror of the farm accident, which left her thinking she was going to die.

Horror farm accident

We are highlighting this story to raise awareness of accidents on farms, the danger of forklift trucks and how important it is for safety regulations to be in place.

Farm life

Countryfile star Samantha explained that she had fond memories of growing up on a rural farm in Scotland, and by the age of 10, she knew how to perform a caesarean on a ewe and even worked in the farm’s manning shed – highlighting her experience and knowledge of farm life.

However, despite her competence, on December 2, 2010, it all changed after an accident involving a forklift.

Forklift truck accident

The horrific incident occurred after the farm had been hit with heavy snow, and she was out playing with her friend when they spotted her father, Neil in his forklift.

Samantha said that her father, Neil was “beeping his horn and laughing” as she and her pal jumped around, which is when she decided to climb onto part of the forklift. She said: “To this day, I have no idea why I did it” and ponders that she was trying to “show off”.

But the accident occurred as Neil had no idea that she had climbed onto the machinery, so he lowered the forklift bucket that he had been using to shovel snow – right down on top of her.

Samantha explained:

“I remember feeling this pressure on my neck. I started to laugh; I thought Dad was joking, that he’d gone a bit too far.

“Then I started screaming. I felt my back popping and before I knew it my head was in my crotch. I was crushed right down into a tiny ball.”

“My heart was thumping in my chest. Everything felt really slow and all I could hear was my breath. I remember closing my eyes and thinking, ‘You’re going to die, and your Dad’s going to think it’s his fault.'”

Samantha explained that when she opened her eyes, she couldn’t feel her legs but could still move them. But moments later, she fell onto a pile of compacted snow, she could feel her legs “pulsing” but then they twitched, and after that, she never felt her legs again.

Initially, Samantha told her parents she had just slipped in the snow and hurt her legs, as she was scared her dad would think it was his fault. But when her parents took her to a doctor, the medical professional said there was no way she could have sustained such injuries just from a fall, so she had to come clean.

Samantha’s father Neil said that he had always enforced the danger of farming machinery to Sammy and her brother – and this highlights how dangerous farming and agricultural work can be.

But Samantha, who was paralysed from the waist down, was courageous and pragmatic, and immediately started making plans as to how she was going to live her life moving forward, as she revealed she felt her injuries were a ‘consequence’ for her ‘doing something silly’.

Despite her injury, Samantha has become a Scottish World Champion wheelchair racer, a double paralympic medallist, a 5X world medallist and a 1500m World record holder. She is also a TV presenter and has an MBE.

Health and safety on farms

This year, the Health and Safety Executive launched a campaign for farmers to keep visitors safe this summer.

Wayne Owen, an inspector from the Health and Safety Executive (HSE) says many of the measures farmers must put in place are easy to apply.

“It is important that farmers understand the risks on their farm and ensure that visitors are protected from them.

“As well as safety risks from things such as moving vehicles and animals, there are also potential health risks that the farmers will need to control.

“By following some simple steps, both farmers and the public can get as much out of these visits as possible.”

How to keep visitors safe on farms this summer

Make sure the event is risk-assessed and well-planned
Ensure that the farm and farm staff understand the risks on site, including zoonotic risks (i.e. risks from diseases or bugs carried by animals)
Provide visitors with enough information on the risks and the controls in place (e.g. the importance of properly washing hands after touching animals, before eating or drinking, and before leaving a site)
Control visitor access to animals
Supervise visitor contact with animals and provide separate clean areas for petting of animals. Prevent visitors from going into the pens with animals
Provide suitable facilities for washing hands (normally this will be hot and cold water, liquid soap and paper towels) and direct visitors to use them after petting animals, before eating food, before and after using any play equipment, and before leaving the site
Hand-washing gels are not an acceptable substitute for washing facilities
If visitors are allowed to consume food or drink on site, provide separate clean eating areas, near hand washing facilities
Good prominent signage on-site gives important information to visitors (but don’t rely on signage alone to give those important messages)
Ensure that visitors are not exposed to other risks on the farm e.g. by fencing off high-risk areas or activities and keeping people away from traffic routes and moving vehicles

Common injuries on farms

Transport – being struck by moving vehicles
Being struck by a moving or falling object, e.g. bales, trees, etc.
Falls from height
Asphyxiation or drowning
Contact with machinery
Injury by an animal
Being trapped by something collapsing or overturning
Contact with electricity, nearly two-thirds of which involve overhead power lines (OHPLs)
Slip, trip or fall on the same level
Falls from height

Occupiers’ Liability claims

Accidents that occur on property or land owned by somebody else are called Occupiers’ Liability accidents. This can include accidents which occur in buildings, on ‘premises’ or on land which is not controlled by you or your employer.

Premises can include land and buildings, as well as any fixed or moveable structure, and can cover anything from shops, offices, public buildings, aircraft, and houses.

There is a duty of care that is owed to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that visitors will be reasonably safe when using the premises. The Occupiers Liability Act 1984 covers people other than visitors, such as trespassers.

The duty owed by occupiers is “to take care as is reasonable in all the circumstances of the case to see that they are not injured on the premises by the danger concerned”.

Who can make a claim?

A claim can cover anybody visiting the premises. The extent of the duty of the Occupier is to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited by the Occupier to be there. This applies to both children and adults.

What evidence will I need to provide?

To prove the premises/land you were visiting were unsafe you will need evidence. Some types of evidence have been listed below, however, we can be able to advise you on what evidence will be useful for your claim and how to obtain it.

Photographs will show what caused the accident with measurements to show scale. It is also useful to show the injuries sustained, especially with scarring.
Witness statements to prove that risks were avoidable and that accident details are corroborated. For example, if an employee has confirmed the area has been defective for some time, this will assist your case. Try to obtain their contact information.
You must be able to provide details of exactly where, why, and how the accident happened, what the danger was, and how it was preventable.
A log of the accident report to prove that the cause of your fall was reported to the occupier. Ensure that you keep copies of letters received about your accident, such as from insurance companies, and send these to your solicitor promptly.
Seek medical attention from your own GP or hospital. It also helps if accident circumstances are logged in your medical records, to support the fact that you have been injured.
CCTV – Some public places may have security cameras that may assist.

What should I do after I have been injured?

To bring a successful claim for your injury, you will need to establish that it was foreseeable that a visitor would come onto the property and that the occupier allowed a hazard there that was foreseeably dangerous to them.

When you make a claim, it is helpful if you have taken the following steps:

Report the accident to the staff or owner and make a note in the accident book if possible
Take photographs of where your accident happened, any defects, and details of witnesses willing to provide evidence
Make a note of the details of any signage
Get confirmation as to whether the incident was reported and if so, to whom
Seek immediate medical advice either at your GP surgery or the local Accident and Emergency department at the hospital. Make the hospital aware of where and how your accident happened. This will assist your case as there will be further proof of the circumstances

How much compensation will I get?

The amount of compensation you are awarded is dependent on the severity of your injuries and the effects it has had on your life.

If the symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.

The best starting point for assessing the level of your compensation is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.

The guidelines are broken down into the affected body parts, the type of injury, and the severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, guidelines were required to develop consistency between awards.

Precedent case law, which refers to previous cases that have appeared before the Courts, is also relied on to support the valuation. Consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Is there a time limit to making a claim?

Legal proceedings must be initiated within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim. However, there are exceptions to the time limit:

Claims on behalf of children – A litigation friend (typically a parent) can bring a claim on behalf of a child under the age of 18. The 3-year limitation period does not begin until the child reaches the age of 18. This means that the limitation period expires on the child’s 21st birthday.
Mental capacity– If you or the injured party lacks capacity and cannot bring a claim and manage their own affairs, the 3-year time limit will not begin until the injured person regains capacity.
Death – If unfortunately, the injured party dies within the 3-year limitation period, then his dependants can claim on their behalf, the 3 years is extended to 3 years from either the date of death.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd we have a team of experienced professionals who can assist you with your Occupier’s Liability claim.

We are an award-winning law firm dedicated to helping you with all legal matters with a dedicated team of lawyers, committed to delivering the service you deserve by providing tailored legal solutions with your best interest at heart.