Archive for the 'Children accidents' Category

A man who was unable to work for 5 months after being trampled by a herd of cows is to receive over £10,000 in personal injury compensation from the negligent landowner.

Inspector Chris Poole made his injury compensation claim for injuries including a punctured lung; 4 broken ribs and a severed artery, which he suffered when he was crushed by a herd of around 30 cattle while walking his dog on the Sussex Downs.

Published in Truckstop News July 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “ACCIDENTS ON HOLIDAY – HOME AND AWAY”.

If you were on holiday either in the UK or abroad and had an accident, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to claim compensation against the tour operator for your injuries and any related financial losses.

Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

The law relating to vehicle insurance is to be tightened in an effort to reduce the number of motorists driving without insurance cover, which is currently around 6% of road users.

Alarmingly, statistics show that approximately 160 people are killed each year in road accidents in the UK involving uninsured drivers, with a further 23,000 people suffering a personal injury.

The innocent victims of these drivers, who suffer a personal injury and related financial loss, are still able to pursue car accident compensation claims through the Motor Insurers’ Bureau (“the MIB”), which is a body financed by all insurance companies.  However, that financing is actually provided by law abiding motorists as an extra £30 per year is added to their own insurance premium.

In future, it will become an offence not only to drive without vehicle insurance, but also to keep an uninsured vehicle.  Breach of this law will result in a penalty of up to £1,000 and may also lead to Court action to seize the vehicle in question.

Published in Truckstop News – April 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “SLIP SLIDING AWAY – SNOW AND ICE RELATED ACCIDENTS”.

Few people will have had the experiences of the Ice Road Truckers, whose polar exploits have recently been seen on TV.  However, the snow and ice that has been affecting the UK’s roads this winter may well have caused you significant problems, both while driving and when on foot.

The majority of ice and snow related accidents happen on public roads or pavements, and generally fall under the responsibility of the local council’s highway authority.  There is considerable debate about how far a council’s duty of care extends as far as gritting and salting is concerned.

It would be an impossible task for any council to make every highway, pavement and public area entirely safe during icy conditions.  However, in theory if a council fails to grit a road or public area during busy times of the day when the weather is exceptionally cold and someone suffers an injury because of this, the injured party may be able to make an accident compensation claim.  In practice, it is extremely difficult to succeed in such claims, as the council will probably defend all the way to a trial, and the Courts are increasingly reluctant to find against public authorities except in the very worst cases of neglect.

Published in Truckstop News –  March 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “UNINSURED ROAD ACCIDENT CLAIMS AND THE MOTOR INSURERS’ BUREAU”.

The Motor Insurers’ Bureau (“MIB”) was established in 1946 as an organisation to deal with claims by innocent victims who have suffered personal injury or damage to their property because of a negligent uninsured or untraced driver.  The MIB has entered into agreements with the Government to provide financial compensation in these situations.

Under the Road Traffic Act 1988, every insurance company underwriting compulsory motor insurance is obliged to be a member of the MIB and to contribute to its funding.  A staggering one out of every 20 drivers is uninsured, and as a result every insured driver pays around £30 more for their premium to cover the claims settled by the MIB.

The simple answer to this question is “yes”.  By way of example, a couple have recently received details of a personal injury compensation claim made against them by a midwife, after she tripped over a child’s buggy at the couple’s home when visiting their newborn twins.  She alleges that the buggy caused a tripping hazard and as a result she is claiming injury compensation for her injuries.

Occupiers of residential premises have for a long time owed a duty to ensure their home does not pose a danger to visitors.  This duty also extends to the occupiers of public and commercial buildings in respect of their visitors.

To avert the possibility of a flood of claims for personal injury compensation, Canadian manufacturer Megabrands has recalled its MagnaMan and Magtastik toys.  This follows 19 reports of magnets coming loose from the action figures and harming children.  Worldwide approximately 2.4 million products have been recalled, including 110,000 MagnaMan and 170,000 Magtastik toys sold in the UK between January 2005 and December 2007.

In a similar move US toymaker Mattel recalled more than 18 million toys worldwide in August 2007.  In this case it was discovered that the paint used in the Chinese-made “Sarge” die-cast toys from the Pixar film Cars contained lead, rendering them potentially harmful.

Mattel has also recalled other toys – including Polly Pocket, Batman Magna, Doggie Daycare and One Piece play sets – which contained small magnets that might come loose, even though there have been no reports of an accident caused by these products.