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UK Personal Injury Claims

In the UK; personal injury claims enable you to recover compensation when you – or somebody close to you – has suffered an injury, a loss or the deterioration of an existing condition due to the negligence of a duty of care. Although personal injury claims settlements may not restore somebody to health who has sustained a catastrophic injury, by making personal injury claims in the UK you can ensure that there is sufficient funds available for an injured victim to benefit from the highest level of care without being concerned about their finances. For more information about personal injury claims in the UK, you are invitied to call our freephone helpline and speak directly with an experienced personal injury claims solicitor in complete confidentiality and without any obligation on you to proceed with personal injury claims in the UK.

Liability Determined in Claim for a Broken Back in a Horse Riding Accident

November 7, 2016

A dispute over liability has been resolved at a hearing of the High Court into a teenager´s claim for a broken back in a horse riding accident.

The claim for a broken back in a horse riding accident was made by Ashleigh Harris from Lydney in Gloucestershire, who at age fourteen was “encouraged” to ride a thoroughbred racehorse by the mother of her then boyfriend, Rachel Miller.

The experience at the Miller home in Malthern, Monmouthshire, started well for Ashleigh – who, although a competent pony rider, had never ridden a racehorse in an open field before. However, after five minutes of trotting, the racehorse broke into a canter that Ashleigh was unable to control.

As the horse and rider descended an incline, the racehorse bucked and started throwing its head. Ashleigh was thrown from the saddle and – despite wearing body armour – broke her back in the fall. Ashleigh is now permanently disabled from the waist down and confined to a wheelchair.

On turning eighteen, Ashleigh made a claim for a broken back in a horse riding accident against Miller – alleging that she should never have been encouraged to ride “a green, unresponsive and uneducated horse” that would be difficult to control.

Miller denied that there was a foreseeable risk of injury, and the case went to the High Court in London to determine liability. The liability hearing took place last week before Judge Graham Wood QC, who was told that Miller had asked Ashleigh to ride the racehorse because Ashleigh had more riding experience than Miller.

Miller told the judge she had asked Ashleigh´s mother if it was okay for Ashleigh to ride the horse and had spoken to her again on the morning of the accident. However, Judge Wood said that Miller was an unreliable witness, particularly in relation to her account of the events leading up to Ashleigh´s fall.

Finding in Ashleigh´s favour, Judge Wood said: “In my judgment, it was reasonably foreseeable that the horse would be strong and difficult to control, and in certain conditions likely to unseat a rider who was not used to managing a horse bred to race and trained to gallop.”

The judge adjourned the hearing so that reports concerning Ashleigh´s future needs can be prepared. Ashleigh´s lawyers believe that, due to the cost of her ongoing specialist care, the final settlement of the claim for a broken back in a horse riding accident could be several million pounds.

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Holidaymaker Makes Claim for Food Poisoning at a Moroccan Resort

April 26, 2016

A holidaymaker is making a claim for food poisoning at a Moroccan resort after being diagnosed with campylobacter on his return from a holiday in Marrakech.

In order to celebrate James Gratton´s fifty-first birthday in March, James and his wife Paula booked a week´s holiday at the Medina Gardens Hotel in Marrakech. Several days into their holiday, James started to complain of stomach pains, a high temperature and diarrhoea. His condition deteriorated during the rest of the holiday and he was in significant distress when the couple flew home to Heanor in Derbyshire.

On their return, James called NHS Direct. He was advised to go to his local hospital, where he was prescribed medicine to help him cope with his symptoms. However, James continued to feel ill and was unable to carry on working as an HGV driver. Following a visit to his GP and providing a stool sample, he was diagnosed with campylobacter food poisoning contracted from eating poorly prepared chicken.

James sought legal advice and made a claim for food poisoning at a Moroccan resort against TUI UK Limited trading as First Choice Holidays – the tour operator through which James and Paula had booked their holiday in Marrakech. James alleged in his claim that there had been a failure to maintain acceptable food standards at the resort and, as a result, he had contracted campylobacter food poisoning.

Speaking with the Ripley and Heanor News about his claim for food poisoning at a Moroccan resort, James said: “We booked this holiday as a way of celebrating my birthday and we’d been looking forward to it for a long time. But, in truth, it turned into a nightmare for both of us. I had to take some extra time of work to recover from the symptoms and I still don’t feel completely right.”

An investigation has now started into James´ allegations. A spokesperson for First Choice Holidays would only comment: “First Choice is sorry to hear of Mr and Mrs Gratton´s experience.”

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Claim for Cycling Injuries due to a Poor Road Surface Resolved in Court

April 4, 2016

A claim for cycling injuries due to a poor road surface has been resolved in Edinburgh´s Court of Session, with the injured cyclist being awarded £100,000.

David Robinson, a fifty-two year old chartered surveyor from Edinburgh, was cycling with members of the Edinburgh Cycling Club when – on 1st December 2013 – the group of twelve riders approached the bridge crossing the Biggar Water on the A701 near Broughton.

Suddenly, the front wheel of David´s bike lodged in a metal groove in the road surface. David was catapulted into the air and landed on his right arm – suffering multiple cuts and bruises and fracturing his wrist and elbow.

An investigation into David´s cycling accident found that the groove was one of several joints between an old masonry arch and a newer concrete construction that had been built in 1990 and that sat proud of the road surface.

David sought legal advice and made a claim for cycling injuries due to a poor road surface against Scottish Borders Council – alleging that the exposed groove represented a hazard in the road that local authority had failed to deal with.

Scottish Borders Council contested the claim for cycling injuries due to a poor road surface on the grounds that the exposed groove did not constitute a defect, and that David´s accident was more likely attributable to his own lack of care.

The case went to the Court of Session in Edinburgh, where Lady Wolffe heard that the edges of the grooves would not have been exposed if work carried out by the council in May 2015 had been completed competently and brought the level of the roads surface up to or above the level of the exposed joints.

The judge dismissed Scottish Borders Council´s argument that David should have taken more care while cycling along the road, saying that there was no evidence to support claims that David was riding inappropriately “in either speed or manner, having regard to the weather and road conditions”.

Finding in David´s favour, Lady Wolffe awarded £100,000 in settlement of the claim for cycling injuries due to a poor road surface – an amount that had been agreed prior to the hearing should Scottish Borders Council be found at fault.

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Pensioner Awarded Injury Compensation for Slipping on Ice Outside of a Church

March 24, 2016

A judge at Belfast High Court has awarded a sixty-six year old pensioner £60,000 injury compensation for slipping on ice outside of a church.

Angela McCluskey´s accident happened in December 2010 as she was visiting St Malachy´s Chapel in Armagh to light a candle on the anniversary of her niece´s death. As Angela walked up the path to the entrance of the church, she slipped on ice and fell heavily – dislocating her knee and sustaining an injury to her ligaments.

The former hospital cleaner and school dinner lady was taken to hospital where she underwent surgery for her injuries and was later discharged in a wheelchair. Angela has had to move from her previous home to a single-storey bungalow that she is able to negotiate with help from a walking stick.

Angela claimed injury compensation for slipping on ice outside of a church from St Patrick’s Archdiocesan Trust. The Trust said that it had done all that it could to prevent injuries to visitors in extremely harsh weather and denied responsibility for Angela´s injuries.

The case went to Belfast High Court where Mrs Justice Siobhan Keegan found in Angela´s favour. The judge said that, although the path to the entrance to the church had been salted the night before Angela´s slip and fall accident, it should have been checked for hazards the following morning.

Saying that the Trust could have implemented other measures to prevent a risk of injury to church visitors, she commented: “In my view the risk was clearly foreseeable considering the extreme weather at the time”. The judge also dismissed suggestions of Angela´s contributory negligence.

Awarding Angela £60,000 injury compensation for slipping on ice outside of a church, the judge noted that the Trust had no formal system in place to manage the church grounds at the time of Angela´s accident and had not conducted a risk assessment to evaluate whether the church should remain open.

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Blackpool Council Denies Liability in Pothole Injury Compensation Claim

March 21, 2016

Blackpool Council is denying liability in a pothole injury compensation claim on the grounds that the pothole on which the plaintiff tripped was too small.

In December last year, Blackpool resident Barbara Fielding (53) was walking her dog along Windermere Road when she tripped on a pothole and fell badly. Barbara sustained multiple cuts and bruises as a result of her fall, and underwent a CT scan at the Blackpool Victoria Hospital to identify any signs of brain damage.

Fortunately, Barbara suffered no internal injury as a result of her accident but, for the next five weeks, spent much of her time in bed suffering from depression. Barbara took photographs of her injuries and sent them to Blackpool Council to support a pothole injury compensation claim. However, the council denied it was liable for her injuries due to the pothole not being sufficiently deep enough to qualify for compensation.

In a written reply to Barbara´s pothole injury compensation claim, Blackpool Council explained that regular inspections of the town´s roads are conducted, and any pothole with a depth of 40mm or more reported and repaired. The council claims that Windermere Road had been inspected in June 2015, and no potholes were identified as needing repair at the time.

Speaking to her local newspaper, Barbara expressed her disappointment at the council´s denial of liability. “They say the hole isn’t big enough to be considered a pothole – but how big does a hole have to be?” Barbara told the Blackpool Gazette, “They know the extent of the injuries I had because they’ve got the photographs”. Barbara is now considering whether or not to take formal legal action.

Editor´s Note: In Pitman v. Southern Electricity Board (1978), the claimant´s pothole injury compensation claim was decided on the length of time that a pothole has presented a risk of injury in relation to the volume of foot traffic on the road where it is located. The claimant was awarded compensation even though the pothole on which she tripped was just 3mm in depth.

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Family to Claim Compensation for a Faulty Product bought from Costco

March 5, 2016

A family from Wyke in West Yorkshire are claiming compensation for a faulty product bought from Costco that ignited and set fire to their house.

Last Christmas´s present from Vinh Hung Chiem and Thu Tram to their two children Tony (9) and Karen (8) was a hoverboard bought from the Costco store in Leeds. The children loved their gift but, while – on January 15 this year – it was plugged into an electric socket to charge its battery, the hoverboard ignited and set fire to the house.

Fortunately a friend of the children – Jibril Faris (11) – saw the fire start and raised the alarm. After calling 999, Jibril escorted his younger friends out of the house as well as their mother, Thu. All four were taken to hospital by ambulance, where they received treatment for burn injuries. Speaking with a BBC reporter, Thu said that the children were recovering well from their physical injuries, but still suffer from nightmares.

The West Yorkshire Fire Service conducted an investigation into the cause of the fire and confirmed Jibril´s version of events that the fire started where the hoverboard was charging and spread quickly through the house. The likely cause of the fire, according to a Fire Service spokesperson, was that lithium batteries in the hoverboard had overheated while charging and exploded or ignited.

The family has now taken legal advice and are claiming compensation for a faulty product bought from Costco – either from Costco directly under the Consumer Rights Act 2015 or from the manufacturers of the hoverboard under the Consumer Protection Act 1987. A spokesperson for Costco UK said: “This is a terrible tragedy and we are looking into this matter but we have no comment at this time.”

Thu told the BBC reporter: “We thought we bought a reliable product from a trusted retailer and we want to know how something with so much potential to cause this type of devastation was sold to us.”

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Woman Awarded £263,534 Compensation for Post-Infection Irritable Bowel Syndrome

January 22, 2016

A jury at the Court of Session in Edinburgh has awarded a 44 year-old mother of two £263,534 compensation for post-infection irritable bowel syndrome.

Tracey Rae visited the Scotch Malt Whiskey Society´s Restaurant in 2009 with her husband and four friends for what was described at the time as a “nice meal”. However, the following morning, Tracey awoke suffering from nausea, diarrhoea and stomach cramps.

The symptoms of food poisoning deteriorated and Tracey was seen by a doctor after she started passing blood. The doctor diagnosed Tracey with a campylobacter infection that was attributed to eating undercooked chicken livers served in a salad at the restaurant.

Tracey´s symptoms continued, and six months later she was diagnosed with post-infection irritable bowel syndrome. Tracey was told that the IBS would remain with her for the rest of her life and that she would have to adopt to a gluten-free and dairy-free diet.

Unable to return to work because of continuing stomach and bowel pain, Tracey sought legal advice and claimed compensation for post-infection irritable bowel syndrome against James Freeman – trading as Saffron Private Catering – who was in charge of the food preparation at the time.

Freeman admitted liability for Tracey´s injury, but his insurance company failed to agree to an appropriate settlement of compensation for post-infection irritable bowel syndrome. Consequently, Tracey´s claim for compensation proceeded to the Court of Session for the assessment of damages.

During seven days of evidence, the jury heard that there was no treatment for Tracey´s condition and that all she could do was eat carefully to try and minimise the symptoms. The court was also told that Tracey has to prepare one meal for herself and one for the rest of her family.

The jury awarded Tracey £263,534 compensation for post-infection irritable bowel syndrome to account for her pain and suffering and loss of earnings. Included in the award was a special amount of £30,000 to account for the additional cost of following a restricted diet.

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Passenger Claims Compensation for a Head Injury on a BA Plane

January 11, 2016

A British Airways passenger is claiming compensation for a head injury on a BA plane after receiving two “derisory” offers of compensation from the airline.

On 28th October 2014, Wayne Herbert (45) from North London had taken his seat on a BA plane scheduled to fly from Heathrow to the United States, when he was struck on the head by a rucksack containing a heavy laptop as the bag fell from the overhead luggage locker above him.

According to a report of the accident in the London Evening Standard, the passengers in the row behind Wayne had a substantial amount of hand luggage and, as they tried to manipulate the rucksack to fit into the luggage locker, the bag fell on him.

The blow on the head caused Wayne to suffer a soft tissue injuries similar to whiplash. He was taken off the plane and assessed by a paramedic who considered that a hospital visit was not necessary. Wayne flew to the United States the following day, but claims that BA did nothing to make his journey more comfortable.

When he returned home, Wayne got in touch with the airline to claim compensation for a head injury on a BA plane. An airline is responsible for any injuries sustained by passengers once they have boarded and – under the Montreal Convention – are liable to pay compensation.

However, the offers of compensation for a head injury on a BA plane made to Wayne first consisted of air miles and then £500. Wayne told the London Evening Standard that the offers were “derisory” and that he had taken legal advice about obtaining an adequate settlement.

Wayne also told the newspaper that BA´s policy of allowing passengers to take large items of hand luggage onto flights was just an accident waiting to happen. “The staff certainly were not checking what people were doing” he said, “and I’m suffering as a result”.

A spokesman from British Airways told the London Evening Standard: “Our cabin crew gave every possible help to our customer and we are still in contact with him to resolve this issue.”

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Care Worker Receives Injury Compensation for a Fall Down a Lift Shaft

January 4, 2016

A care worker from Cardiff has received in excess of £50,000 injury compensation for a fall down a lift shaft at the care home at which she worked.

The tragic accident occurred on 6th March, 2012, when Carol Conway (52) was taking 96- year-old resident from her second floor bedroom at the Pontcanna House Care Home in Cardiff to the ground floor for her breakfast.

Carol wheeled Mrs Lewis to the door of the second floor lift and waited for it to arrive. When the bell indicated the lift had arrived, Carol unlocked the door to the lift and reversed Mrs Lewis´ wheelchair to back her into the lift.

Due to a technical fault, the platform of the lift had not moved from the ground floor. As Carol walked in backwards with Mrs Lewis, both fell twenty feet – Mrs Lewis dying from her injuries and Carol suffering multiple broken bones and internal injuries.

An investigation into the accident found that, just weeks before the accident, an engineer had locked the second floor lift access and considered it unfit for use. However, the owners of the care home – Shirwan and Nasik Al-Mufti – had allowed care workers to override the safety mechanism with an emergency access key.

Shirwan and Nasik Al-Mufti were fined £75,000 and ordered to pay £25,000 in costs by Cardiff Crown Court in August 2015 after being prosecuted by the HSE for breaches of health and safety regulations. With liability established for the accident, Carol sought legal advice and claimed injury compensation for a fall down a lift shaft.

Carol did not reveal to a local reporter the exact amount of the compensation settlement, but indicated it was in excess of £50,000 when she told him: “the money will never change that terrible day. I think about it constantly. My heart goes out to May and her family. I am so sorry she died the way she did – it´s tragic”.

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Pensioner Settles Injury Claim for a Trip and Fall Accident in Sainsburys

December 9, 2015

A pensioner has settled her injury claim for a trip and fall accident in Sainsburys which left her with a fractured arm, nerve damage and facial injuries.

Jean Annis (79) was shopping at her local Sainsburys in Alsagar, Cheshire, when she tripped on a loose mat by the entrance to the supermarket and fell heavily onto the floor. As a result of her accident, Jean fractured her right arm, was diagnosed with nerve damage and sustained multiple facial injuries.

Although Jean received prompt and professional medical treatment, her dominant right arm was weakened due to her accident and, when she fell again five months later, her arm fractured again – a fracture doctors said would not have occurred had it not been for her fall in Sainsburys.

Doctors have advised Jean to have pins inserted into her right arm to provide support, but Jean is concerned that her husband Norman (89) – who suffers with dementia – will have to be cared for in a specialist home while she undergoes the operation and recovers from the surgery.

Jean sought legal advice and made an injury claim for a trip and fall accident in Sainsburys – alleging that her injuries were attributable to Sainburys´ negligence in allowing the mat to become loose and become a hazard. The supermarket was quick to acknowledge liability for Jean´s injuries, and a settlement of her injury claim for a trip and fall accident in Sainsburys was negotiated.

The settlement of Jean´s injury claim for a trip and fall accident in Sainsburys is believed to be in five figures. Although Jean´s solicitor would not reveal the exact amount, she said: “It is imperative that premises such as supermarkets take great care to ensure their stores are safe for visitors at all times, particularly the entrance and exit area which can become hazardous due to wear and tear caused by the sheer number of people passing through on a daily basis, and also as the result of wet weather conditions.”

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Courier Reports on Falls in the Street due to Potholes

November 2, 2015

Falls in the street due to potholes are becoming so commonplace in the Highlands that more than £½ million is outstanding in personal injury claims.

According to the Inverness Courier, more than £600,000 has been claimed for injuries related to falls in the street due to potholes in the Highlands over the past six years. As only a fraction of these claims has been resolved in this time, the Highland Council has a potential injury compensation liability in excess of £½ million.

Reporting on the injury claims for falls in the street due to potholes, the Inverness Courier revealed that the largest outstanding claim was made by a resident who suffered a serious back injury when tripping and falling over a pothole in Baron Taylor Street in February 2012. The victim is claiming £147,591 compensation for his injury.

The outstanding claims for injury compensation for falls in the street due to potholes were revealed following a Freedom of Information request to the Highland Council. Many of these date back more than two years and include:

  • A claim for £25,615 compensation made by a plaintiff who suffered a leg injury suffered in a trip and fall accident in January 2013 on Fortrose´s Tavern Road.
  • A claim for £15,387 compensation dating from an accident in July 2014 when a pedestrian suffered serious facial injuries due to falling over a pothole on Inverness´s Southside Road.
  • A claim for £3,637 compensation made in respect of a June 2014 accident, when another Inverness resident sustained a back injury due to a trip and fall accident in the City Centre.

The Highland Council was ranked third-worst of the thirty-two Scottish local authorities for the condition of its roads in last year´s Scottish Maintenance Road Condition Survey, and residents complain that the situation is getting worse.  More than six thousand road and pavement maintenance faults were reported to the Highland Council last year – although these figures are likely to include multiple reports of the same fault from different members of the public.

Responding to the significant number of outstanding injury claims for falls in the street due to potholes, a council spokesperson said: “In 2014/15 the council set aside funding to be used in identifying and testing better ways to achieve a shift towards more potholes being repaired permanently rather than temporarily and also to identify cost effective and sustainable recycling techniques for more substantial repairs to road construction”.

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Claim for a Car Crash Traumatic Brain Injury Resolved in Court

October 21, 2015

A young man´s claim for a car crash traumatic brain injury has been resolved at the High Court with the approval of a £4.3 million compensation settlement.

In March 2009, seventeen-year-old Jack Mitchell from South London was the front seat passenger in a friend´s Fiat Punto, when the friend swerved his car to avoid hitting an animal and crashed. Jack sustained multiple injuries in the crash, and was taken to hospital where he was diagnosed with a broken leg, severe lacerations to his head and a traumatic brain injury.

Jack remained in hospital for three months before being transferred to a rehabilitation unit. However, his treatment at the rehabilitation unit lasted only three weeks before he was discharged.  Due to the lack of sufficient rehabilitation treatment, Jack has significant concentration problems and behavioural difficulties and he suffers from extreme fatigue.

Through his mother – Frances Mitchell – Jack made a claim for a car crash traumatic brain injury against the driver of the Fiat Punto. In his legal action, Jack alleged that the negligent manoeuvre by his friend was responsible for his injury. Liability was conceded by the driver´s insurance company, but Jack´s family were followed by agents of the insurance company while the settlement of the claim was being negotiated.

Ultimately, a settlement of the claim for a car crash traumatic brain injury was agreed, which consists of an immediate lump sum and annual tax-free, index-linked payments for the remainder of Jack´s life. The total value of the settlement is estimated at £4.3 million and, as the claim was made on behalf of a claimant unable to represent themselves, the case went to the High Court in London so it could be approved by a judge.

At the High Court, Mrs Justice Whipple heard the circumstances of the accident and that Jack is now living in a residential rehabilitation centre in Banstead, Surrey. The judge approved the structured settlement of the claim for a car crash traumatic brain injury and paid tribute to Jack´s family for the care and support they had provided for him over the past six years. Mrs Justice Whipple then closed the hearing and wished Jack all the best for the future.

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Mothers Seek to Change the Law for Bereavement Compensation Claims

September 18, 2015

The mothers of two girls who were fatally injured in a car accident have started an e-petition to change the law for bereavement compensation claims.

In November 2014, five people travelling in a Toyota Corolla were fatally injured when the driver of the car lost control of the vehicle on the A360 in Conisbrough, South Yorkshire, and crashed into a Seat Leon travelling in the opposite direction.

The 45-year-old driver of the Seat was lucky to escape from the car accident with a broken leg, and during an investigation into the accident the driver of a third car was interviewed by police, but no charges were brought.

Two of the dead passengers were Jordanna Goodwin (16) and Megan Storey (16) from nearby Doncaster. The two girls had been life-long friends and were described as inseparable by their grieving mothers.

As nobody was found to be at fault for causing the accident, both mothers made bereavement compensation claims and each received £12,980 – a figure described as pitiful my the mothers´ solicitor in comparison to what public figures receive for a breach of their privacy.

Now the two girls´ mothers – Tracey Storey and Vicki McCarthy – have launched an e-petition to change the law for bereavement compensation claims, so that the process is more like in Scotland – where judges have the discretion to settle bereavement compensation claims for much higher amounts.

“This is not about being greedy and seeking more money” Tracey Storey told The Times, “as no amount of money can compensate for the loss of Megan or Jordanna. It is about the injustice of the way the system works”.

The e-petition has gained the support of the Association of Personal Injury Lawyers (APIL). APIL has campaigned in the past to change the law for bereavement compensation claims and argue that not only are settlements too low, but the criteria for eligibility criteria is too narrow.

As the law for bereavement compensation claims currently stands, compensation can only be claimed by husbands, wives, civil partners, and parents of children under eighteen years of age. The parents of children over eighteen years of age, children of a deceased parent, and parents of a stillborn child are not entitled to make bereavement compensation claims.

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Compensation for an Injury at a Health Club Awarded by Judge

May 13, 2015

A court in Dublin has awarded a thirty-year-old hotel supervisor €30,000 compensation for an injury at a health club.

On 13th November 2011, Timea Babos had just come out of the sauna at the West Wood Club in Dublin when she decided to go for a swim. Timea was a competent swimmer and dived straight in. However, the depth of the pool was only 1 metre 35 centimetres (around four feet) and, as she dived in, she hit her face on the bottom of the pool – breaking her two front teeth.

In pain and bleeding profusely, Timea reported her accident to the reception desk before attending an evening surgery at her doctors to stop the bleeding and get a prescription for painkillers. She flew to Hungary to get crowns fitted to her two front teeth before seeking legal advice and claiming compensation for an injury at a health club.

In her claim for compensation for an injury at a health club, Timea alleged that the health club was negligent for not having a lifeguard on duty and for not displaying signs warning guests of the depth of the pool. Unusually the pool was a constant depth throughout, so there should have been some indication that it was unsafe to dive into the pool.

The West Wood Club denied total liability for Timea´s injuries – claiming that, as an experienced swimmer, she should have checked the depth of the pool before diving in. As total liability was declined, the Injuries Board issued Timea with an authorisation to pursue her claim through the courts, and the case was heard this week by Judge Jacqueline Linnane.

At the hearing, Judge Linnane heard the West Wood Club claim that Timea had chosen a dangerous and unsafe method of diving into the pool. However she also heard from a forensic witness that there were inadequate markings around the pool to warn guests of the shallow depth and a lack of supervision around the pool area. The judge dismissed claims that Timea was partly to blame for her injury and awarded her €30,000 compensation for an injury at a health club.

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Legal Advice Sought about a Claim for a Fall due to a Broken Pavement

May 2, 2015

A man from Noak Bridge in Essex is seeking legal advice about making a claim for a fall due to a broken pavement after his mother sustained multiple injuries in an accident in Southend.

Gwendoline Smith (76) suffered multiple injuries when she tripped over the raised edge of a broken paving and fell heavily – injuring her shoulder, leg and head – as she got off the bus in Bournemouth Park Road in Southend.

As ambulance was summoned and Gwendoline was taken to Southend Hospital with a suspected fractured knee. She was discharged on the same day after x-rays revealed no fracture, but has since had to return to Basildon Hospital to receive medical attention for lumps on her head accompanied by frequent headaches, and pains in her left shoulder and leg.

In an interview with the local press, Gwendoline´s son – Michael, who lives close to his mother in Noak Bridge – revealed that he is seeking legal advice about making a claim for a fall due to a broken pavement. He said: “The pavement was cracked and raised up – she caught the corner of it and just went over”.

However, making a claim for a fall due to a broken pavement is not always easy. Although the height of the raised edge of the broken pavement is considered to be immaterial (the much mis-quoted “one-inch-rule” is a myth), the council does not have an “absolute” duty of care to repair cracks in paving stones as soon as they appear.

Before they are considered liable in personal injury claims, local authorities are allowed a “reasonable” amount of time to identify and repair hazards such as cracked paving stones. If the hazard had only recently materialised, it may be the case that Gwendoline might not have a viable claim for a fall due to a broken pavement.

A spokesman for the council said: “We regularly inspect all pavements in the borough and repair any dangerous defects as a matter of priority. We have not had any reports of problems in this area, but of course, we take matters like this seriously and a member of our Environmental Care team will visit the site and inspect the area”.

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Cameraman to receive Compensation for a Personal Injury in France

January 8, 2015

A cameraman, who was injured in an accident while filming Ducati superbikes in Cannes, has resolved his claim for compensation for a personal injury in France.

Noel Greaves-Lord is a well-known and well-respected cameraman who has covered a wide range of national and international sporting events for the BBC and ITV and, in October 2010, Noel was in Cannes filming Ducati superbikes.

While Noel (52) was concentrating on the action, one of the bikes lost control as it rounded a corner and skidded towards him. Noel braced himself and stuck out his right leg to absorb some of the impact. Unfortunately for Noel, his actions resulted in him suffering a severely fractured ankle.

Noel was rushed to hospital where he underwent multiple operations to try and fix the ankle. However, in November 2011, he contracted MRSA while in the hospital and had to have his right leg amputated below the knee.

After seeking legal advice, Noel made a claim for compensation for a personal injury in France against the Italian driver of the Ducati that hit him. Liability was admitted but, as settlements of injury compensation in France are generally much lower than they are in the UK, the resolution of Noel´s claim was delayed while negotiations took place to determine how much compensation for a personal injury in France Noel was entitled to.

Eventually agreement was reached on an undisclosed settlement that will cover Noel´s pain and suffering at the time of the accident, the impact on his quality of life of losing his leg, his future loss of earnings and future care needs.

Speaking after his claim had been resolved, Noel said: “I am pleased and relieved that my legal battle has come to a conclusion and I can now focus completely on rebuilding my life and continue with my recovery and rehabilitation. The last four years have been devastating and the injuries I sustained in France have had a huge impact on my life”.

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Smaller Compensation Claims for Personal Injuries to be Settled Quicker

August 5, 2013

Smaller compensation claims for personal injuries are to be settled quicker following reforms introduced by the Legal Aid, Sentencing & Punishment of Offenders Act which came into place on 1st August 2013.

The new Civil Procedure Rules governing court action in England and Wales have been amended in order to reduce the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by their insurance company.

Not all compensation claims for personal injuries fall under the new rules – for example, claims for medical negligence still have to go through a lengthy process – but most claims for personal injuries in road traffic accidents, personal injuries sustained in an accident at work and those acquired in a place of public access (public liability claims) should be settled up to three months quicker than previously.

The reforms are being applied to the Ministry of Justice´s “claims portal” – a database on which solicitors register their clients´ claims – and whereas previously insurance companies could take twenty-one days to acknowledge receipt of a solicitor´s “Letter of Claim”, they now have to act within 24 hours.

Furthermore, insurance companies could previously take 90 days before informing a solicitor whether or not they accepted their policyholder´s responsibility for an accident and injury. They are now allowed only 30 days in the case of claims for personal injuries in road traffic accidents and public liability claims, and 40 days when a claimant has suffered an injury at work due to their employer´s negligence.

Should insurance companies fail to adhere to the new regulations, the claim will be removed from the Ministry of Justice´s claims portal and any increase in costs will have to be assumed by the insurance company irrespective of whether they successfully defend the claim or not.

The new rules apply to compensation claims for personal injuries in which an injury has been diagnosed on or after the 1st August, and only apply to injuries sustained in England and Wales that the claimant was not partly responsible for due to their own lack of care. Further exclusions apply to the reforms applied to compensation claims for personal injuries and therefore it is always in your best interests to discuss the nature of your accident and injury with a solicitor at the first moment possible.

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Tesco Customer Injury Compensation Agreed for Pensioner

February 17, 2012

An eighty-year-old man, who fractured a metatarsal bone in his foot after slipping on a wet floor in Tesco, has agreed to a settlement of Tesco customer injury compensation after a two year wait.

Ronald Fryer from Worcestershire made a claim for Tesco customer injury compensation after he slipped at the entrance to the St. Peter´s Drive Tesco supermarket in Whittington in October 2009.

In addition to bringing his accident to the attention of the store management, Ronald went immediately to the Worcestershire Royal Hospital where X-rays revealed that he had fractured a metatarsal bone in his foot.

On his discharge from hospital, Ronald contacted a solicitor and established that he was able to make a foot injury claim against Tesco due to the supermarket´s negligence in failing to provide their customers with a safe environment in which to shop.

Tesco initially denied their liability for Ronald´s fractured metatarsal bone and declined to discuss his claim for Tesco customer injury compensation. However, prior to court proceedings being issued, Tesco made an undisclosed offer of Tesco customer injury compensation which Ronald accepted.

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Record Work Death Compensation Case Settlement in Mining Tragedy

December 8, 2011

The biggest settlement ever recorded for a US coal mining injury compensation casehas just been revealed, with the owners of the Upper Big Branch pit in West Virginia ordered to pay 210 million dollars in damages.

The Upper Big Branch coal mine was the site of a huge explosion in April 2010 which resulted in the death of 29 miners and, after a federal investigation, it was discovered that the mine´s owner – Massey Energy – was in breach of 369 workplace safety regulations – 12 of which directly contributed to the explosion.

The new owners of the mine – Alpha Natural Resources – will be responsible for the payment of thecompensation damages which comprises of 128 million dollars for safety upgrades, training and research, 35 million dollars in fines for safety violations and 47 million dollars for relatives of the victims.

Eighteen of the families of miners who were killed in the explosion have, to date, settled their injury compensation cases for wrongful death, but many more remain outstanding – including nine claims for emotional distress made by mine employees who survived the explosion.

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Iraqi Family Receive Compensation for Son´s Wrongful Death

July 30, 2011

An Iraqi family, whose son was allegedly killed by British Armed Forces in Iraq, has won its fight for compensation from the Ministry of Defence.

Saeed Shabram, 18, of Basra, Iraq, had been detained by British soldiers on suspicion of looting in May 2003, and was marched with his cousin, Menem Akaili, into the Shatt al-Arab River by soldiers in an act of “wetting” – an unofficial action intended to humiliate the perpetrators of petty crime in the area.

Witnesses pulled Menem out of the river, but Saeed´s body disappeared. Saeed´s father hired a diver to search for Saeed and, after a four hour wait, Saeed´s motionless body was pulled from the river – bloated and covered with bruises.

After seeking legal advice, the Shabram family took a case against the Ministry of Defence for wrongful death and just before the case was to be heard in London´s Royal Courts of Justice, lawyers representing the family announced that an out-of-court settlement had been agreed.

Without admitting liability for the wrongful killing of Saeed, the Ministry of Defence agreed to pay 100,000 pounds to his family and a further undisclosed sum to Menem.

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Charity Stunt Injury leads to Compensation Award for Radio DJ

July 16, 2011

A former BBC Radio Leeds disc-jockey has agreed a compensation claim settlement against his former employees following an accident at a charity event which left him hospitalised.

Alex Belfield (31) of Mansfield, Nottingham, was working from a Children in Need charity event at the Odsal Stadium in Bradford when he was tackled by two members of the Bradford Bulls Rugby league team. As there was no prior warning of the stunt, Mr Belfield was unprepared for the impact of the tackle, which let him with severe cuts and bruises requiring hospital treatment.

After taking legal advice, Mr Belfield sued the BBC for a “lack of care” which amounted to bullying and in an out-of-court settlement, the BBC agreed an injury compensation payment believed to be in the region of 2,500 pounds.

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Hair Dye Reaction Accident Compensation Approved

June 8, 2011

A teenage boy, who suffered a severe allergic reaction and hair loss after a hair colouring treatment went badly wrong, has had a compensation settlement of 12,500 Euros approved in the Civil Circuit Court. The unnamed boy, now aged 17, had gone to Peter Mark Hair Stylists of St. Stephen´s Green, County Dublin, in October 2009, to have highlights he had previously in his hair taken out in order to allow his hair to return to its natural colour.

However, after the hair dye treatment, the boy´s hair started to fall out and he developed spots, ulcers and a swelling on his scalp. He also suffered a reaction which lead to a severe skin irritation that spread across his forehead and down to his eye level.

Mr Justice Matthew Deery at the Civil Circuit Court heard that the boy’s reaction had not lasted long due to being prescribed steroids to counter the effects of the treatment and that Peter Mark Hair Stylists had offered the boy 12,500 Euros in compensation plus special damages of 1,915 Euros and the costs of his claim.

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Horse Riding Schools Pays Sixty Thousand Pounds Personal Injury Compensation

May 28, 2011

A West Midlands horse rider, who broke her neck after falling from a horse while having a horse-riding lesson, has been awarded sixty thousands pounds in an out of court personal injury compensation settlement.

Maxine Wright from Stoke on Trent, was taking horse riding lessons at the Whitmore Riding School, Newcastle-under-Lyme, when the horse on which she was riding, Marmite, failed to clear a jump.

Among her injuries, Maxine had broken two vertebrae at the top of her spine – requiring her to be in hospital for two weeks and having to take the next four months off from work.

After an investigation into the accident, Maxine made a claim for personal injury compensation when it was found that the barrels which made up the jump had not been weighed down properly. It was found that these had shifted forward on impact and had caused the horse to fall.

Insurers of the horse riding school agreed that the school had shown a lack of awareness in regards to the potential risk, and negotiated a compensation settlement of sixty thousand pounds to compensate Maxine for her pain and suffering.

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School Injury Compensation for Accident

April 13, 2011

An eight-year-old boy who lost the tip of his middle finger is to receive 24,000 Euros for school injury compensation for an accident in a school.

Circuit Court president, Mr. Justice Matthew Deery, heard how Benjamin Schonfeld was just 6 years of age when he caught his finger in a doorat St. Killian’s German School in January 2009.

Benjamin lost around 4mm from the tip of his left middle finger, and his injury lead to a subsequent hooked nail deformity.

Suing the school through his father, Heino, the judge heard that a school injury compensation settlement assessment had been made by the Injuries Board Ireland which both parties accepted.

In approving the school injury compensation assessment of 23,000 Euros with a further 1,041 Euros costs, Mr. Justice Matthew Deery directed the school to pay the settlement into court for Benjamin’s benefit.

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Police Dog Bites Lead to £770,000 in Compensation Awards

March 17, 2011

A report compiled for the BBC radio program “You and Yours” has analysed payments of compensation for police dog bites made by various police forces throughout the United Kingdom.

The program discovered that over 770,000 pounds has been paid in compensation for police dog bites over the past three years, with the Greater Manchester Police Force being responsible for the highest total of police dog bites compensation paid at 180,743 pounds.

The statistics, which were provided in response to a Freedom of Information request, show that of those taking a claim for police dog bite compensation, 2,725 were suspects, 155 were members of the public and 196 police dog bite compensation claims were made by police staff.

When presented with the figures on the BBC program, Assistant Chief Constable Nick Ingram said: “Police dogs are a valuable and essential resource which, when used effectively, make a valuable contribution to reducing and detecting crime and disorder and building safer communities.”

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Eye Injury Compensation for Teenager

March 7, 2011

A teenager who suffered an eye injury when his eye was impaled on an exposed milking machine hook is to receive 110,000 Euros in eye injury compensation. Mr. Justice John Quirke heard at the High Court how David Booth, aged 17, was just eight years of age when he sustained the horrific injury in the milking parlour at his family’s farm in April 2002.

Although David has no recollection of the events leading up to the incident, it was claimed that the defendants – Senior Milking Machine Company Ltd and Stradbally Farm Services Ltd, were negligent on the grounds that the milking machine was not designed and constructed to a safe standard.

The defendant denied the allegations, brought on David’s behalf through his elder sister Elaine, and also that they permitted an exposed hook to be present on the machine with no consideration of the hazard it presented. The settlement was approved by Mr Justice John Quirke with no admission of liability.

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Holiday Injury Compensation for 138 Tourists

March 5, 2011

138 British holidaymakers who fell ill while staying at the 4 star Riu Miramar hotel in Obzor, Bulgaria, in July 2006 are to receive holiday injury compensation from Thomson’ s Holidays after a four-year battle for justice.

The holiday injury claim against the holiday giant had been made after guests were made to wade through mud and silt to get to the hotel reception, faced poor food hygiene and often suffered a lack of fresh water and electricity due to recent flooding.

The guests who became ill blamed their condition on the shocking standards at the hotel – with many suffering typical symptoms of food poisoning such as stomach cramps, sickness and diarrhoea. Complaints to the hotel management team and Thomson’s representatives were ignored.

Thomson’s parent company, TUI UK Ltd, admitted liability just as a two-week trial was scheduled to start at Birmingham County Court and, although no amounts of individual holiday injury compensation are yet to be agreed, Judge David Worster passed an interim order for 300,000 pounds to be paid into court.

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Compensation Case For Constructive Dismissal for Secretary

January 24, 2011

A secretary, formerly employed by the Welsh law firm of Jeffreys & Powell, has won a legal compensation case against her ex-employers for constructive dismissal after suffering years of taunts about her physical disability.

Janet Goodwin, 53, of Brecon, Powys, told the employment tribunal in Cardiff how she was the butt of office jokes in the law firm, due to a severe sciatica condition which causes her to walk with a pronounced limp.

Janet claimed in her action that one of the senior partners, Barry Beck, would often follow her around the office, mimicking her pronounced limp and reducing her to tears by referring to her as “Peggy” or “Peg-leg”.

Despite Janet confronting the issue with Mr. Beck, the ill- treatment went on and encouraged the other partners at the law firm. Janet left her role at Jeffreys & Powell after four years when she could stand the insults no longer.

The employment tribunal ruled in favour of Janet’s claims for constructive dismissal and disability-related discrimination, and will determine the level of compensation at a later date.

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Compensation Awarded for Dog Bite Injury

September 28, 2010

A dog owner has been told to pay 2,000 pounds compensation after her Staffordshire Bull Terrier attacked and bit another dog owner’s arm.

Kidderminster Magistrates Court told how the unnamed owner from Bewdley, Hereford and Worcestershire, had allowed her dog off the lead in a wooded area off the Cleobury Road.

The dog ran over to a nearby Jack Russell, and its owner – fearing the smaller dog was about to be attacked – leaned forward to pick her dog up.

The Bull Terrier then bit the second owner, tearing a piece out of her arm and leaving the injury in need of stitches which will result in a permanent scar.

During the legal hearing, the owner of the Bull Terrier was ordered to pay the victim 2,000 pounds compensation and ensure that her dog wears a muzzle at all times.

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