Sales exec sues for £200,000 after ripping both biceps trying to help delivery men bring new hot tub into his £500,000 home
- Darren Berryman, 49, ripped both biceps trying to help carry a hot tub in garden
- The top sales executive of Redbourn, Hertfordshire, assisted the delivery men
- He is suing Bedfordshire Hot Tubs saying he shouldn’t have been allowed to help
- The claim has now been filed in the High Court, but is yet to go before a judge
A sales executive who suffered agonising injuries while trying to help delivery men carry a new hot tub into the garden of his £500,000 house is now suing their firm for £200,000.
Darren Berryman, 49, had both biceps ripped from his arm bones while trying to help delivery men carry the brand new tub into his village home in Hertfordshire in February 2020.
The glazing sales boss says he heard a ‘pop’ and felt immediate pain in both arms, and had to be hospitalised.
He is suing Bedfordshire Hot Tubs – whose luxury jacuzzi-style tubs sell for up to about £23,000 and can weigh over 400kg – claiming their delivery men suddenly dropped the tub without warning, leaving him holding it on his own and causing his injury.
But lawyers for the company are contesting Mr Berryman’s claim and do not accept that any negligence caused an injury to him.
Darren Berryman, 49, claims he suffered ‘loss, damage and considerable inconvenience’ as a result of ripping his biceps while helping delivery men carry a hot tub into his garden
According to claim documents filed at the High Court in London, Mr Berryman, of Redbourn, near St Albans, was taking delivery of the hot tub when he suffered his accident ripping both of his biceps from his elbow joints.
‘He was assisting the defendant’s operatives to lower the hot tub from the trolley and when it was about six inches from the ground, the defendant’s operatives released hold of the hot tub to let it drop and fall to the ground,’ his lawyers say.
‘But none of the defendant’s operatives informed Mr Berryman they were going to let go of the hot tub and he was left holding the full weight of the hot tub on his hands and flexed elbows.
‘He heard a pop sound and suffered pain in both arms. He was subsequently found at hospital to have suffered a distal rupture of the biceps of both arms.’
Mr Berryman, a former plumber and builder turned senior sales manager for a major glazing company, says he suffered ‘loss, damage and considerable inconvenience’ as a result.
Blaming the company for his accident, Mr Berryman’s lawyers claim that its delivery men were negligent in failing to warn him of the ‘risk of injury’ if he helped them unload it.
Mr Berryman, a former plumber and builder turned senior sales manager, of Redbourn, Hertfordshire, is suing Bedfordshire Hot Tubs claiming negligence
Lawyers for Bedfordshire Hot Tubs are contesting Mr Berryman’s claim and do not accept that any negligence caused an injury to him (Pictured: A large hot tub similar to that purchased by Mr Berryman)
They were also negligent in allowing him to help when he was not trained or qualified to do so, and should have used an air balloon to safely lower it to the ground rather than dropping it, it is claimed.
Lawyers for Bedfordshire Hot Tubs are contesting Mr Berryman’s claim and do not accept that any negligence caused an injury to him.
‘No admissions are made as to the happening, facts or circumstances of the alleged accident,’ they say in the company’s defence to the action.
‘The claimant is put to strict proof as to the nature, timing and occurrence of the circumstance surrounding the accident and the injury as alleged.
‘No admissions are made as to causation, nature or extent of the claimant’s alleged personal injury, loss and damage.’
The claim has been filed at the High Court in London, but has not yet gone before a judge in court.