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:-

Occupiers of land and buildings must comply with the Occupiers Liability Act, and this applies whether the premises are owned or rented by the occupier, and to domestic as well as commercial premises.  The Act also applies to open land.

The scope of the Act is wide and covers matters such as dangerous pathways or buildings, and even such things as items falling from the premises, eg a shop sign that becomes loose on a windy day and falls on a passer by.

To avoid the potentially significant financial consequences of meeting any claims for personal injury compensation, it is essential that occupiers ensure their premises are safe and are also covered by appropriate insurance.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

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.

Miss King has said “I know so many people who have gone over in their heels; it wouldn’t surprise me if more people came forward”.

COMMENT:-

Following the accident Miss King made a product liability claim, which was relatively straightforward as she was well protected under consumer law.

Similar accidents happen every day and shoe retailers routinely replace the defective shoes.  However, consumers should be aware that if the defective shoe has caused them to suffer an injury, then the retailer may also be liable to pay injury compensation.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in an accident or developed any illness or disease due to a defective product, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

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.

At a Court hearing on 10^th July 2008 her former employer Grampian Country Chickens (Rearing) Ltd were ordered to pay her £25,000 injury compensation.

COMMENT:-

Many workers wrongly assume that claims for personal injury compensation can only be made if they suffer from breathing related illnesses caused through their work in coal mining or in heavy industries where asbestos was used. 

This is not the case, as successful claims can be made in respect of any workplace where the environment is dusty; full of air borne particles or where chemicals are used and which are known to be harmful to workers.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

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. 

Claims are made against the travel company under the Package Travel, Package Holidays and Package Tours Regulations 1992 on the basis of their improper performance of the holiday contract.

For a claim to succeed the injured person needs to show that the accident or incident happened due to a lack of reasonable care.  However, local health and safety standards will be relevant, and which may be lower than those applicable in the UK.  If successful, the level of injury compensation is based upon English law, rather than that of the country where the accident or incident took place.

If an accident happens during an activity that was not pre-booked as part of the holiday package, but was paid for by credit card, it may still be possible to make a claim under consumer credit law.  Claims are made against the credit card company on a similar basis.

COMMENT:-

Accidents on holiday often happen in hotels because of faulty equipment, the negligence of staff or wet floors that cause a slipping hazard.  They might also occur because of defective equipment used during an excursion, eg a chair collapsing on a boat trip.

Travel companies’ insurers sometimes vigorously defend the claims and it is therefore very important for the injured person to be represented by experienced personal injury claim solicitors, who understand the relevant law and procedure.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered an injury while on holiday, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

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.

Comments are invited on a possible “no fault” payment scheme for those who have been diagnosed with the condition with two suggested options.  The first that such a scheme should be limited to those exposed at work to asbestos and diagnosed with pleural plaques within a set period prior to the House of Lords’ decision who had not already received compensation.  The second is that the scheme should be available to all workers who are diagnosed now or in the future.

As well as considering whether payments should be made, issues are also raised concerning who should make those payments, how much compensation would be appropriate in each case and the risks, benefits and costs that would be involved with each of the proposed schemes.

COMMENT:-

Although pleural plaques are benign and do not usually cause any symptoms or affect how the lungs perform, they are an indication of exposure to asbestos and cause concern about the prospects of a more serious condition developing.

In practice it is unlikely that a scheme for “no fault” payments will be introduced as this would be funded by the taxpayer.  However, the insurers of the industries that exposed their workers to asbestos may be called upon to pay compensation.

The Government’s decision to consult on this matter is a fairly strong indication that they are considering a change in the law.  Therefore, anyone who has been diagnosed with pleural plaques should contact specialist solicitors now to discuss the possibility of a personal injury claim being made as soon as any changes become effective.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.