Archive for 2008

Mesothelioma is a form of cancer where there sufferer is found to have affected cells in the mesothelium, which is the protective sac covering most of the body’s internal organs.  The condition mainly affects the lining of the lungs (the pleura) and the area around the lower digestive tract (the peritoneum).

The majority of sufferers develop the condition as a result of inhaling asbestos fibres, usually while at work, and many are able to successfully pursue work related industrial disease claims. 

A significant period of time can elapse between the first exposure to asbestos and diagnosis with the condition.  This is seldom less than 15 years, and can even be up to 60 years.  As a result the current mortality rates is a reflection of the poor working practices and conditions of the UK’s industrial past.

It has been suggested by the Department for Transport (“DfT”) that the number of fatalities and injuries caused in road accident cases reduced in 2007/2008 compared to the statistics for 2006/2007.

The DfT suggest that the overall number of relevant road accidents had reduced by 5%.  They also indicate that there was a 4% reduction for motorcycle accidents, however the number of cyclists either killed or injured increased by 5%.  The findings are based on the number of road accidents reported to the Police in the UK during the first 3 months of 2008.

Since April 2008 we have been reporting on the progress of the 1000 plus personal injury compensation claims for various skin conditions resulting from defective leather furniture.  Argos, who is one of the Defendants in the litigation, has now accepted that these problems were caused by anti fungicide sachets that were placed within the items of furniture.

More than 1000 people are making defective product injury claims after suffering painful skin reactions caused by Pia or Bari leather furniture supplied by a number of retailers.  With this new development it is hoped that it may now be possible for settlement proposals for their claims for compensation to be put forward.

A couple who on 8 May 2008 were found liable to pay injury compensation after an accident on a bouncy castle hired by them for a party, that left a boy brain damaged, have had that decision overturned by the Court of Appeal.

Samuel Harris suffered the injury in 2005 while playing on the bouncy castle when a larger, older boy performed a somersault and accidently struck his forehead.  Samuel suffered a depressed skull fracture and a subdural haematoma in the left frontal parietal lobe, and has been left with severe problems.  The initial decision was based on the allegation that no adult was actively supervising the children on the bouncy castle at the time the accident occurred.

Published in Truckstop News – August 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “DANGERS ASSOCIATED WITH FORKLIFT TRUCKS”.

The Health and Safety Executive estimates that each year there are around 8,000 forklift truck (“FLT”) accidents resulting in injury, about 10 of which are fatal.  Inadequate training appears to be a significant cause of these accidents, but other issues such as operator error, unsuitable premises, poor layout and design of the FLT operating areas, and poor maintenance are also contributory factors.

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.