Apple Move to Hush Up Exploding iPods
Apple have been accused of trying to cover up problems with their iPod product, attempting to silence a father and his daughter with a gagging order after the iPod exploded and the two sought a refund for the faulty product. According to The Times, Ken Stanborough, 47, from Liverpool dropped his daughter’s iPod, causing it to start to hiss. After the iPod began to become hot he threw it out of the backdoor and allegedly “within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air”.
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Baby P Reforms Not Providing Adequate Protection
Lessons have yet to be learned from the Baby P case, with a number of children murdered or abused since the death two years ago, according to research conducted by The Observer. Baby P, later revealed as Peter, was on Haringey’s child protection register and, despite numerous visits to his home by social services, doctors and police, died in August 2007 aged 17 months with 50 injuries.
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Smells Like an Injury Claim: Perfume Leaves 34 in Hospital
As many as thirty four people have been taken to hospital in America and many more suffered from sickness after suffering an adverse reaction to a particularly strong perfume. According to the BBC website, after the perfume was sprayed by a woman in a bank in Texas, two of the employees at the bank initially complained of sickness, saying they were feeling chest pains and headaches.
The bank, displaying regard for the health of its customers, announced over the PA system that anyone feeling these symptoms should leave the building, prompting 150 people to vacate the premises.
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Lifting Equipment and Injuries at Work!
Lifting injuries are such common place at work that they are covered by there very own Regulations. These are called, The Lifting Operations and Lifting Equipment Regulations 1998 – better known as ‘LOLER’. First of all, let me explain what is meant by the term ‘lifting equipment’?
LOLER defines the term as meaning ‘work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it’.
What Regulations does LOLER impose on my Employer?
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Legal Jargon & Financial Losses Following an Accident Claim
I’m sure you have all been in a position were someone is talking some kind of jargon to you in a language you don’t understand and you just stand there smiling, slightly embarrassed, a bit uncomfortable and just nod along like the Churchill dog (from the Insurance adverts) to avoid looking silly but really thinking to your self ‘Please translate you idiot’!
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The Limitation Act 1980 sets time limits for people wanting to make claims and the vast majority of personal injury actions are subject to a 3 year limitation period.
What does this mean for you and your claim?
Well the time limit for making a claim for personal injury is 3 years from:
- The date that the injury is caused or
- The date of knowledge (if later) of the person injured
Computer Screens and Work Claims
Computers have been commonplace at the workplace for years now and the regulations that cover the screens to protect you are called The Health and Safety (Display Screen Equipment) Regulations 1992
These regulations are one of the few which are specifically targeted at a particular type of equipment and a particular activity – that’s your computer screen and the way in which you use it!
So what should your Employer be considering when there is extended use of computer screens in the workplace? In broad terms, the following points should be considered by an Employer:
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Personal Protective Equipment and Work Accidents
Personal Protective Equipment (PPE) is necessary to protect you in particular against health and safety risks to vulnerable areas of your persons i.e. your head, face, eyes, skin, hands etc.
The Personal Protective Equipment at Work Regulations 1992 impose a fairly strict regime for both Employer’s and Employee’s to follow and these are intended to work together to provide you the employee with the most effective protection.
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Can I Still Bring a Fatal Accident Claim After 3 years?
The limitation period in terms of claims involving fatal accidents is normally 3 years from the date of death. After this point the claim will normally be statute-barred, meaning that the claim can no longer be brought. The purpose of this is to protect individuals from being subjected to claims a considerable time after they might reasonably have expected to have to defend the claim.
However, there may be circumstances in which a claim can be brought outside of that limitation period. A good example would be if the person bringing the compensation claim was a minor at the date when the accident happened. The 3 year limitation period will not start to run in this case until the claiming party reaches the age of 18. This helps to protect children from any exploitation which they might be vulnerable to had they brought a claim at an earlier age, provided of course that they were a dependent of the deceased.
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Contributory Negligence – Technicalities
Contributory negligence is when the other party (the ‘Defendant’ in law speak) admits that they are at fault for your accident and will pay you compensation but want to pay you less as they feel you are partly at fault for the accident. For example, if they successfully allege that you are 20% at fault for the accident then the other party will pay you 20% less than the value of your claim.
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