A WIRRAL Borough Council worker who slipped in dog excrement while pruning trees, suffering an injured elbow, yesterday lost his claim for damages.

John Chesters, who works in the leisure services department, claimed his local authority employer was in breach of its duty of care to its staff.

But after a two-day hearing, Judge Ian Trigger threw out the negligence claim for £3,750 damages.

Liverpool County Court heard Mr Chesters, 36, was working in Garden Hey, Moreton, when he slipped in a pile of dog excrement and fell forwards onto the tarmac.

He suffered a traumatic tennis elbow injury to his right arm which caused him difficulties for two years, but he was able to continue working.

Mr Chesters, of Fairway North, Bromborough, said the area was particularly heavily fouled.

He and the other men working there were concerned about the hygiene issues and complained to a manager.

"We should not have been working in the conditions we were working in," he told the court.

Miss Rebecca Clark, representing the council, successfully argued that the authority had not been negligent.

She pointed out the dog fouling occurred daily and it was not reasonably practical to remove it each day.

Finding in favour of the council, Judge Trigger said an employer could not be heedless "but must expect reasonable employees to be careful for their own health and safety".