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July 23, 2012

Dangerous Toy Compensation Claims

It was my birthday recently, and unsurprisingly out came the embarrassing pictures of me as a child. Looking through the numerous amounts of photographs of me sitting with my dolls- highlighting their hair with felt tips – it got me thinking about the wide range of toys now available to children.

The toys on the market today are undoubtedly more technical than we used to have in the past, and consequently they have more small and intricate parts; making them potentially more dangerous.

Of course, parental supervision is always recommended when allowing a child to play with a toy with small parts and it is important to check any age guide provided on the packaging: for example, many toys will display a recommended age with a red and white logo with a sad babies face on it.
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By Author
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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By Author
July 19, 2012

Accidents in Local Supermarkets

If you are unfortunate enough to sustain injury while doing your shopping, you may be entitled to make a claim for compensation.

There are many hazards at the supermarket to look out for, from spilt goods to high stacked shelves; and let’s not forget all the trolleys whether it be other shoppers or staff frantically transporting goods throughout the store. Such accidents come under the Occupiers Liability Act 1957. This law deals with lawful visitors whereas the Occupiers Liability Act 1984 deals with unlawful visitors or trespassers.

Obviously, as you visit the supermarket to do your shopping, you are a lawful visitor under the 1957 Act. This means that the supermarket owes you a duty of care to ensure that you are safe whilst in their premises.
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By Editor
July 19, 2012

Burn Injuries

Burns can be one of the most painful injuries a person can sustain, and one of the worse things about this type of injury is that it can leave horrific scaring and possible disfigurement.  It is because of the possible severity of these injuries that makes bringing a claim for them of PARAMOUNT importance.

Burns can be caused in several ways and in differing circumstances. Here at The Injury Lawyers we have dealt with a vast majority of them! To name a few:

  •  Burns caused by faulty products – I.E= Hair straightners and dryers.
  • Burns sustained at work – I.E = hot substances or faulty equipment
  • From cosmetic procedures- I.E= Laser hair removal.

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By Author
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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By Author
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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By Author
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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By Author
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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By Author
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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By Author
July 09, 2012

Actuarial Profession Report confirms a rise in personal injury cases despite a fall in Road Traffic Accidents.

The issue of road traffic accident claims has hit the news again this week with reports that there has been a fall of 11% in road traffic accident Claims but yet an 18% increase in personal injury claims arising from a road traffic accident.

It has been suggested that the reason for the decrease in road traffic accidents in the reduction in people using their vehicles as transport due to the high increase in petrol.  However the reason for the increase of claims has resulted in blame on the Solicitors who deal with ‘no win no fee’ claims.

The suggestion that Solicitors are to blame has gone so far that Mr Ken Clarke, Justice Secretary, is proposing that success fees for solicitors are abolished. A success fee is a simple as its name – if a Solicitor is successful in the claim the Defendant has to pay a fee to the Solicitors for their success of the claim. This is designed to take the weight of losses from claims that do not win and have to be ceased on a No Win, No Fee basis for the client.
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By Author
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