Archive for the 'Trips and slips' Category

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 – February 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “WHEN AN ACCIDENT INCREASES THE PAIN OF THE CREDIT CRUNCH”.

People tell me they expect an increase in claims for personal injury compensation, as accident victims seek money to help with their financial difficulties, especially if their ability to earn is affected.  However, in my experience this is unlikely to be the case.  Most people are reluctant to make a claim and feel awkward about asserting their legal right to obtain compensation, even when their injuries are significant. 

This is particularly so following an accident at work, where understandably concerns arise about job security and the future.  It is true that occasionally an employer may see a claim as a personal attack and react badly, however employment law protects workers from victimisation and provides remedies if relations turn sour. 

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.

A 45 year old woman from Merseyside has been awarded £3,250 personal injury compensation following injuries to her back, hip and knee caused during an accident when she entered a lift.

She did not realise the floor of the lift was several inches lower than it should have been, and the misaligned entrance caused her to slip and severely jar her back.  This resulted in her suffering with pain in her leg and back for several months.

The Health and Safety Executive’s recent statistics show that for 2007/2008 there has been a reduction in the number of people who have been killed, injured or made ill by accidents at work.

Figures suggest that the incidents of work accident injury have fallen by approximately 9% since 2000, and that this trend is continuing.  Fatal workplace accidents have also reduced by around 5%.  The number of reported work related diseases appears to have also fallen, however there has been an increase in asbestos related diseases, such as Mesothelioma.

A rambler who suffered injuries when walking on a rickety footbridge has won £3,000 in her accident compensation claim.  Mrs B Green was walking along a public footpath at Combe Haven Valley Nature Reserve, and as she went over a wooden bridge a section of the planking collapsed.

As a result of the accident Mrs Green suffered factures to her 2^nd and 3^rd metatarsals, cuts to her shin and bruising to her groin.

The local council defended the accident claim, stating that she should have seen the defect and stepped over it.  However, they admitted having no formal inspection regime for the bridge as it was in a rural location.

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.

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:-

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:-