Accident Claims and Personal Injury

Home / Accident Claims and Personal Injury (Page 8)

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...

The shocking news that a woman in Suffolk was this week killed by stampeding cattle whilst out walking her dog in field is a salutary lesson to us all to carefully observe our rights and obligations as members of the public and as landowners who have public footpaths crossing their land. This is an increasing concern to landowners following the Governments introduction of the so called “right to roam” legislation. The Countryside Code for walkers has received a great deal of...

A recent decision by the Law Lords is likely to help victims of rape and sexual assault. Mrs A has been given the go-ahead to bring a claim for compensation against Iorworth Hoare, who was jailed for life for attempted rape and sexual assault in 1989. Shortly after the assault Mrs A successfully applied for damages under the Criminal Injuries Compensation Scheme but was only awarded £5,000, despite her significant psychological injuries. At the time of the attack Hoare himself was...

A recent poll (of 13 people in this office) revealed not only that tadpoles were the most popular pet but that of the 84.6% of us who had pets only 36% had insurance. If this is representative of the rest of the country it would mean that the majority of us are not just in danger of expensive vet’s bills but possibly expensive legal bills as well. This is because the House of Lords has decided that if an animal...