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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 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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July 06, 2012

Cycle and Bicycle Accidents

So, you are a cyclist, you are doing your bit for the environment whilst keeping fit at the same time, so why oh why did that car have to smack into you!?

Road traffic accidents between cyclists and motor vehicles are unfortunately very common, and guess who comes off worse? It’s a bit of a daft rhetorical question to be honest…

As a cyclist you are one of the most vulnerable road users and can be seriously injured if involved in a road traffic accident with a motor vehicle. After all, the only real protection you have is a helmet or some shin and elbow guards.
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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

Quinn Insurers Con Czech Labourer in to Signing Away His Right to Claim!

The antics insurers get up to when they want to save themselves some money can be unbelievable; and it’s even worse when people end up getting hurt! Here at The Injury Lawyers, we’ve heard it all:

  • My insurers say I can’t claim because I don’t have legal expenses insurance
  • My insurers say it’s a grey area for me to make a claim as a passenger in my husband’s car when  he is was at fault
  • My insurers told me a No Win, No Fee lawyer will charge me if I instruct them

ALL of the above is completely untrue (with the exception of the last one as I can’t speak for all lawyers out there…)
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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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July 05, 2012

Building Site Accidents

No-one would doubt that a building site is a dangerous place – and unfortunately with danger always comes the high possibility of injury. If you are brave enough to enter this ‘mechanical jungle’ it is imperative that both you and your employer take responsibility to ensure your workplace is as safe as possible. To not do so can easily result in serious injury and even fatalities.

Employees working on building sites are faced with a number of dangers, such as operating and working with heavy machinery, and a lot of manual handling, for example. It is because of these hazards that health and safety measures are extremely strict.

One of the common problems with any building site claim is discovering where the duty lies to prevent accidents. However, the key to this is merely determining who was in control?
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