When is a worker partially responsible for his accident at work?
The law has long since recognised the principle of “contributory negligence”. What this means is that a Judge can find that whilst the Defendant in a claim has breached a duty and caused the Claimant personal injury, the Claimant’s personal injury compensation can be reduced by a percentage to reflect the accident victim’s own legal […]
Apportioning the blame
Sometimes the injured party must bear some of the blame for an incident, and the judge may adjust the compensation payout accordingly. In the summer of 2013, Miss Okai-Koi parked her car in the car park of the Lord Kitchener pub in New Barnet to visit a Sainsbury’s supermarket across the road. When she came […]
When can an injured party rely on motor insurance?
On 27 July 2012 a tragic accident occurred on the Malmesbury Bypass in Wiltshire, involving a burger seller and a motorcycle, which raised questions about when an injured party can claim on motor insurance for compensation. Mr Woodward ran a hamburger van which was parked up on the side of the road. This was a converted ambulance. Mr […]
When the risk of injury is obvious
The High Court has confirmed that there is no duty to warn customers of obvious risks of injury. On 11 January 2014 Emma Maylin, a 27 year old woman, went to use a bouldering wall at an indoor rock climbing centre. The bouldering wall was considered somewhat more dangerous than the other rock climbing because, […]
Asbestos disease: Claims against multiple employers
During the 1950’s, 1960’s and 1970’s Mr Lloyd, who mainly worked as a welder, was exposed to dangerous levels of asbestos whilst in the employ of a number of different firms. He had a rather complicated medical history and there was some doubt about when exactly his asbestos-related disease was diagnosed. The High Court who heard the case in February last year […]
Road Traffic Accident between lorry and cyclist
Yet another Court of Appeal Case has examined how liability should be apportioned in road traffic cases, this time as between a cyclist and a lorry driver. The Case concerns an accident which occurred in May 2011. The Claimant, Ms Collette McGeer, was cycling along a busy main road in Ellesmere Port. Ahead of her […]
Is it too late to claim for my personal injury?
People often wonder how late is too late to make a personal injury claim. An interesting case was dealt with by the High Court just before Christmas, in relation to the x-ray contrast agent, Myodil. Keith Lewin was born in 1957. He suffered from a painful back and in 1973, when he was aged 15, he […]
Royal Marine Wins Q Fever Compensation Claim
A Royal Marine has recently been successful in his fight for compensation against the Ministry of Defence due to the MOD’s failure to comply with Court Orders. Philip Eaglesham was a Royal Marine who was diagnosed with Q Fever whilst in Afghanistan. Sadly, he went onto develop a very serious chronic fatigue syndrome which is […]
Compensation Cases for Tripping Accidents
How does the Court decide on compensation for tripping accidents? Back in the summer of 2010 Mr Leonard Debell drove to Rochester City Centre with his wife where they were meeting friends for lunch. They parked their car close to Rochester Cathedral and were walking through the Cathedral Precinct when Mr Debell tripped over injuring […]
The Investigation of Air Accidents
Two recent cases have been dealt with by the High Court examining how fatal air accidents should be investigated by the authorities. The first concerned the Coroner. The Coroner’s jurisdiction is pretty straight forward. All he or she should be doing is determining who the deceased was and how, when and why they came by […]