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July 19, 2012

Child Claims – Like Nursery and School Accidents.

A child’s first day at nursery and school are undoubtedly emotional. For parent’s it can be hard to accept that they are growing up, and for the child it is often exciting, fun and an opportunity for adventure!

For many parents it is the risk of injury that makes this step so much harder! They cannot stand in the playground watching all of the time and making sure their child does not get hurt- after all children are bound to fall over from time to time whilst playing the latest playground game (in my day this was tiggy lamppost!)

However, if your child is hurt at school they may still be entitled to compensation, just as an adult would be. Children are much more susceptible to injury than adults and can be more serious in the sense that they can affect the child into their teenage years (an already difficult time!) and even into adulthood.
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July 19, 2012

Poisoning Claims

We are lucky in the UK to have rather strict Health & Safety rules to make sure we are not come to any harm. However, there are microbes and gases that can’t be seen by the human eye – and when they’re breathed in or consumed, the human body’s reaction can be painful.

People endure poisoning of some kind all the time and on a daily basis. The most common form is probably from food poisoning from poorly cooked, contaminated, or out of date food. If it’s your own fault, there’s not a great deal you can do about it – but if you get it from a restaurant or from contamination that was out of your hands, you may have a claim.

There are certain things that you need to consider though – for one, it can be very difficult to actually prove that poisoning has occurred in some way that is out of your hands. If you get food poisoning from chicken, how do you prove that the producer had caused the meat to be contaminated or spoiled as oppose to it coming down to your cooking skills? I’m not saying anyone would lie, but the burden of proof for claims is generally on the victim – so it can be very difficult.
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July 19, 2012

Claims in Restaurants

When the weekend comes, many of us take the opportunity to leave the cooking and washing up behind and head out for a three-course meal at our favourite restaurant. Having worked as a waitress myself, I know firsthand the fast-paced nature of the industry- people rushing round with plates of food, clearing an empty table (and perhaps been a little too adventurous carrying everything) and of course dropping and spilling food and drink on the floor!

With so much happening, accidents do occur that can result in injuries no-one expected when they were ordering their starters.

There are two circumstances that are often brought to our attention here at The Injury Lawyers, which are:
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July 12, 2012

Criminal Assaults

Unfortunately, criminal assaults are commonplace nowadays – particularly on a Friday or Saturday night when you’re out on the town and some scourge of society decides to set upon you like a neanderthal for what can only be described as ridiculous reasons; normally involving alcohol. But the question here is whether you can make a claim for a criminal assault or not. Luckily, you may be able to make a claim.

If you were set upon intentionally, it can fall within the realms of the Criminal Injuries Compensation Authority. This government body, often referred to as the CICA, pays out compensation to the victims of criminal assaults if you meet their criteria. It’s basically a compensation scheme to help victims of assaults claim compensation for the injuries they have suffered.

As it’s a compensation scheme, you must qualify for their strict criteria. If you fail to satisfy one or more of their key criteria, you may find it difficult to make a claim. Here’s a breakdown of the common key criterions:
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July 10, 2012

Holiday Food Poisoning Claims

It’s a nightmare – you’ve gone abroad and ended up coming down with food poisoning! It can easily happen, especially in countries where hygiene standards are not as good as ours. On top of that, food and water compositions are different and that can have an effect on our digestive systems as well.

If you do come down with food poisoning on holiday, can you make a claim? It’s all circumstantial to be honest…

Firstly, food poisoning normally doesn’t last a long time. Most people will only suffer for just a few days. Whilst those few days are painful to cope with, making a claim with a lawyer can be difficult. Circumstance-wise, if you can prove the food poisoning was caused by a place you were saying at, for example, you have good prospects for a claim. But unless the claim is worth in excess of £1,000.00, a lawyer will struggle to act on a No Win, No Fee basis as £1,000.00 is the minimum amount that allows a solicitor to recover their legal fees from the other side. So, whilst you might have a good claim, it may be classed as a “small claims matter” which you would need to seek compensation through a small claims court in the majority of cases.
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July 09, 2012

Accidents in Theme Parks

Personally I love theme parks! It brings back fond memories of when I was a youngster, and I still enjoy the thrill of the fast roller coasters and thrill rides. Health and safety in a theme park is naturally a significantly important issue. Rides are tested and tried several times, and regularly inspected to make sure no harm can come to those using them.

There have been accidents in the past where harnesses have released riders, or where rides have become stuck for several hours in upside down position’s this sort of thing should (in theory) never happen; but when it does, you may have a claim for compensation.

Other than the rides breaking down or being faulty themselves, there could be other causes of injuries. You could trip over a hazard on the grounds of the ride, or get caught by a protrusion. Similar rules that apply to shops and supermarkets can apply to what is classed as the “premises” of the ride. As with safety inspections that should be constantly carried out by the ride owner to make sure the ride itself is safe, cleaning and maintenance needs to be carried out tom make sure there are no hazards that could harm people, or substances that could cause people to slip.
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July 06, 2012

Horse Accidents

The UK is undoubtedly a country passionate about Horses. From the Queen celebrating her horses’ recent victory at royal ascot, to a little girl’s dream coming true when she’s told she’s on her way to her first horse riding lesson, horses clearly hold a place in many people’s hearts. In the past horses were relied on as the main form of transport; today this has undoubtedly shifted to cars and accidents unfortunately occur when these two meet.

Horse road accidents are becoming more and more frequent as both cars and horses need to use the road. But who is at fault if a collision does occur?

This mainly depends on the circumstances surrounding the accident. Most of the time it is down to the negligence of the driver who may be driving too fast and therefore is unable to slow down in time when a horse appears before them. This is one of the main reasons that many of these collisions happen on narrow, windy country roads – of course to many this is common sense as horse riders are more likely to be riding around these than using the fast lane of the M1!
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July 06, 2012

Bus (Public Service Vehicle) Accidents

The duty of a bus driver to its passengers is the same as any other driver to their passengers – they have a responsibility to ensure that passengers are not injured due to any negligence on their behalf.

One common form of accident on buses are caused by the driver performing an emergency stop or braking too harshly. Passengers are generally thrown around on the bus as a result of this and this can cause personal injury, particularly when the passengers are stood on the bus waiting to get off at the next bus stop.

Another common circumstance is that of buses pulling away from the bus stop before passengers have had chance to sit down. Although there is no specific duty on a bus driver to ensure that all passengers are seated prior to pulling away, they must take reasonable care to ensure that injury is not caused by pulling away too quickly or abruptly. Also, due consideration must be given if the passengers are identified as being specifically at risk of injury by pulling away before they are seated. For example, elderly people may be less likely to be able to keep their balance whilst the bus was pulling away than a younger person would be.
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July 06, 2012

Dog Bite Attacks

Dog bites are common in the UK. We actually get a lot of enquires from people who have been bitten or attached by dogs, but it can be somewhat of a grey area in law as to whether you can make a claim or not.

In principle you are entitled to make a claim if the owner has been negligent in failing to restrain the dog, or failing to adequately warn a person going on to their premises that a dog is present and may attack.  

The issue is more to do with the viability to claim – i.e. is there any way you can actually get any compensation from the owner. If they have insurance, then it makes the whole problem far simpler. Most pet insurance covers liability for negligence, so making a claim through the pet insurance is usually no problem. If the attack happened on the premises of the owner and you can prove that the owner should have done more to protect you from being bitten or attacked, there’s the potential to go through the house insurers.
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July 05, 2012

Inadequate Training Accidents

Training is important – without it, you wouldn’t really be able to know how to do certain things safely and correctly. In a workplace setting it is invaluable and it’s a requirement when it comes to anything that could cause you harm in the workplace.

Many of our own clients have had accidents at work because they have been poorly trained or not trained at all – you can make a claim for compensation if this has happened to you.

Don’t feel that it was your own fault because it was something you consider daft – if you didn’t know, you didn’t know; and if you’ve ended up injured, you should have known!
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