Archive for July, 2008

A householder in Leeds, Joe Spink, has recently received an accident compensation claim from a postwoman who slipped on the step outside his house when delivering his mail on a rainy day, and as a result suffered an injury to her leg.

The postwoman claims that because the step was painted it became slippery in wet weather and Mr Spink is therefore in breach of the Occupiers Liability Act, which imposes a duty on occupiers of land and buildings to ensure that they are reasonably safe for visitors.

The first time Mr Spink became aware of the accident was when he received a letter from the postwoman’s solicitors, and the matter is now being dealt with by his home insurers.

COMMENT:-

On 13^th July 2008 Sophie King was awarded £7,200 personal injury compensation at the Manchester County Court when the shoe firm Dolcis admitted liability for injuries to her leg, caused when her stiletto snapped while on a night out.  The accident resulted in surgery to her injured leg.

The accident happened during a night out with friends in Manchester, and which was the first time she had worn the two and a half inch heeled shoes.  The injury to her leg required an operation and she was then in plaster for a while, which made it impossible for her to play sport.  She also had a holiday job as a waitress, which she had to give up.

A Scottish woman, Joyce Robson, has been successful in her claim against her former employers for personal injury compensation, after being exposed to chemicals at their chicken factory.

While working in the egg hatching department of the factory she was exposed to a solution of formaldehyde, which she claims caused her to develop asthma, and which might also restrict her future employment prospects.  This is because she will have to use an inhaler for the rest of her life, and will therefore be prevented from undertaking certain jobs, for example those involving working in a dusty environment.

All inclusive cruises and foreign holidays are more popular now than ever, but people may not realise the action they can take if they suffer an injury or become ill while abroad.

If an accident happens, it may be possible to make a personal injury claim under English law if any holiday lasting for more than 24 hours was bought as a package for an inclusive price, and comprises at least 2 of the following items - transport (eg by road, rail, sea or air), accommodation, other tourist services (eg a pre-booked excursion or activity).  The same applies if a medical condition or illness is suffered, such as food poisoning. 

On 9 July the Government published its consultation paper with a view to responding to the controversial decision made by the House of Lords on 17 October 2007 that workers who had pleural plaques should not be compensated for this by their employers.

Pleural plaques are small localised areas of fibrosis that are found within tissues in the lungs and which are caused by exposure to asbestos.  Prior to this landmark decision injury compensation was recoverable for this condition.

The consultation paper will consider issues of law and the medical evidence upon which the House of Lords relied in making their decision.  Action to promote a greater understanding of the condition is also suggested, in addition to increased support once a diagnosis is made to ease concerns, particularly regarding the recognised asbestos related illnesses asbestosis and mesothelioma.

Research has shown that people who suffer with head, neck and back pain can sometimes trace the source of the problem to a damaged jaw.  When the jaw joint is subjected to trauma as a result of a blow to the face, a heavy fall or a road accident, damage can occur.  The jaw is in constant use and it is therefore very difficult for the body to heal it, and as a result there is often pain and wearing down of teeth.  Also, many people consider clicking or popping of the jaw joint to be normal or unimportant, but it is sometimes an indication that a problem exists.

During their recovery process, victims of a whiplash injury will often be referred to a physiotherapist for treatment.  An undiagnosed jaw condition will hinder their recovery and could affect the way the jaw functions, and also muscle activity of the head, neck and upper back.

New research by Help the Aged claims that local councils are setting aside at least £16 million to cover accident compensation claims where pavement falls cause injuries.

The research suggests that some councils who fear the consequences of legal action are actually setting aside more funds to deal with potential claims than they make available to deal with pavement repairs, even though they have a legal duty to keep safe the areas that the public have access to.

For those aged 75 plus a fall could be fatal.  However, even though the effects of a fall on their physical and mental health might be devastating, that age group is less likely to seek compensation than younger people.

Published in Truckstop News - July 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “HAZARDS INVOLVED WHEN LOADING AND UNLOADING LORRIES”.

Recent evidence suggests that each year around 60 workers are killed and 5,000 seriously injured while working in haulage and distribution.  A further 23,000 sustain injuries severe enough to keep them off work for several days.

Many of these injuries are due to accidents during the loading and unloading process, often caused by:-