Accident Claims and Personal Injury

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The courts have warned against creating an overprotective nanny state which robs young people of fun simply because there was some risk involved in certain activities. The comment was made in the case of The Scout Association v Mark Barnes where the Court of Appeal was asked to rule on the balance between the “sociable and educational value” of an activity and the risk of injury it presented to the young. The case involved a game that took place at a Scout...

Holiday Illness Compensation We are frequently asked to deal with food poisoning claims arising from holidays and trips abroad. Food hygiene standards overseas are often not as high as those we enjoy here in the South West. In the UK we are protected by the Food Safety Act 1990 which regulates how food should be handled, stored and sold. The Act requires food business operators to take all reasonable precautions to avoid contamination. If they fail to do so then they...

What is Legal Expenses Insurance and do I need it? Clients often ask us about Legal Expenses Insurance, sometimes known as LEI. LEI has been around for many years and is especially common on motoring policies. Confusion frequently arises from the fact there are two types of Legal Expenses Insurance. Before the Event LEI (BTE) This is the conventional type of LEI. Policies that are taken out prior to circumstances arising that might lead to a claim. BTE policies are frequently sold as “add...

An injury on holiday abroad can really ruin your well-deserved break and be horribly expensive in the short-term, even if you have good travel insurance. Being abroad just adds another worry to an already-fraught situation, but provided you keep your head, many claims for accidents abroad can be dealt with swiftly and effectively when you are back in the UK. Before 1992, things were very different. Bringing an accident claim in a foreign country, using foreign lawyers, was a daunting prospect....

In 2006 David Tolley was travelling south on the M53 when a vehicle overtook him and lost control. Mr Tolley stopped to assist the driver. However, whilst doing so he noted that there was another car stationary in the fast lane on the northbound side of the motorway. Realising the danger this presented, Mr Tolley crossed to the central reservation to assist the female driver from her car. Having rescued the driver, David Tolley was aware that there was a serious...

At a recent hearing at Rhyl County Count a Judge ruled that Gloria Brown must pay £13,000 in compensation following an accident involving her mobility scooter. It was alleged that Mrs Brown had caused injury to a member of staff at a Morrisons supermarket when her mobility collided with the claimant. In her defence Mrs Brown argued that her mobility scooter had itself been struck by another mobility scooter being used by another customer. It was this collision, she said, that...

Personal injury solicitor James McNally advises caution when interpreting the results of Waddell's tests. The results of 'Waddell’s tests' in a medical report are always of interest to defendant personal injury lawyers. They hope that the tests will show the claimant to be a malingerer who is exaggerating their claim in the hope of a larger financial settlement. However, the outcome of these tests is often misunderstood and the presence of abnormal illness behaviour or non-organic pain does not necessarily mean that the claimant is exaggerating. Waddell’s...

James McNally investigates the possibility of strict liability under the Animals Act 1971 James McNally is a partner at Slee Blackwell Since the House of Lords decision in Mirvahedy v Henley & anor [2003], claims for injuries caused by animals have caused claimant and defendant solicitors equal amounts of stress and confusion, and have kept the Animals Act (AA) 1971 topical for almost six years. In the past two months DEFRA has closed its consultation on a proposal to amend s2(2)(b) AA...

Contributory negligence is a commonly used piece of legal jargon, particularly in personal injury claims. In the context of an accident claim contributory negligence is the extent to which a claimant is personally responsible for the injuries they have sustained. The legal thinking behind the concept of contributory negligence is that claimants are often able to avoid or reduce the severity of their injuries by taking more care of their own safety. The principle has therefore been established to reflect the...

A new Surgical Checklist has been published by the World Health Organisation which is expected to lead to an improvement in patient mortality figures and the number of patients experiencing complications following surgery. Surgical teams are often composed of many different medical specialists and this can lead to problems. The new one page checklist, which is simple to complete, focuses on basic good practice and teamwork both before and during surgery. Samantha Robson, Head of Medical and Clinical Negligence at Devon based...