Personal Injury Blog

Are Bed Bugs Found In Hotels?

Yes. Furthermore, bed bug infestations continue to cause problems for hotels across the world this year, after a string of high profile outbreaks in 2011 at luxury establishments, particularly in the US and Europe. Many predict that London will be badly affected by bed bug infestations this summer when it hosts the 2012 Olympic Games, after a staggering 95% of hotels in Sydney, Australia reported outbreaks following the 2000 Olympics.

Hotels Struggle To Eradicate Bed Bugs After Guests Are Bitten

The resilience of bed bugs (they are known to be harder to eradicate than every other similar pest) means that the problem is unlikely to disappear anytime soon, and hotel guests will continue to be bitten, often hundreds of times in a night, by these tiny blood-sucking parasites.

The resurgence in the number of reported bed bugs outbreaks in the past 10 years has been due mainly to the huge increase in global travel over that period. Less harsh pesticides have also allowed bed bugs to flourish, while the creature itself has also developed stronger resistance to traditional eradication techniques. The hardy bed bug is adept at surviving extreme hot or cold temperatures, and can live for more than a year without eating. This allows both bed bugs and their eggs to travel the world, stowed away in clothing, luggage or other personal possessions, causing infestations to spread from one location to another relatively quickly.

Compensation Can Be Obtained From Hotels For Bed Bug Bites

Many hotel guests are dismayed to find that they have inadvertently transported bed bugs home with them, and that their house is now infested with the insects. Eradication can be difficult, disruptive to domestic life and expensive. In the case of hotels, infestations can lead to the shutting off of whole blocks of rooms, costing the operators considerable amounts at peak times of year. It is often possible for hotel guests who have been bitten by bed bugs during a stay to claim compensation, especially if the bites have caused allergic reactions, or left disfiguring welts on the body. Contact our specialist solicitors today for free advice if you have been bitten by bed bugs while staying at a hotel.

>> Read More About Suing A Hotel For Bed Bug Bites

Compensation For Injuring Yourself In A Pub Beer Garden

Despite what the weather-forecast might be telling us, summer is on its way. However, whilst many will be hopping on a plane to continental Europe and sunning themselves (following the strenuous application of Factor 40 sunscreen, obviously), the majority of us will spend our summer here in the UK.

A favourite past-time for many on those long sunny days (especially when those long sunny days occur on a bank holiday weekend!) is to head to the local pub and sit in the beer garden, enjoying a responsible drink in the company of friends. Unfortunately, this activity is not without risk.

A client of Bartletts, Mr Park, was involved in an accident in a beer garden. Mr Park had enjoyed a single pint of beer in the outside area of his local pub, and was leaving the premises. He proceeded to make his way across a patio at the rear of the pub, towards the car park. However, one of the patio slabs gave way and broke, causing Mr Park’s foot to drop 5.5 inches. The paving slab was propped up on bricks, with nothing supporting the slab underneath. As a result of the accident, Mr Park suffered an injury to his back and right hip.

Customers of a pub are owed a duty of care by the owners under the Occupiers Liability Act 1957. The pub where Mr Park’s accident occurred were in breach of this duty of care, and Mr Park received £3,100.00 compensation within ten months of his accident occurring.

If you have been involved in an accident of this type and suffered personal injury, then it is important that, following your accident, you do the following:

If you have had an accident of this type and which to discuss whether you can bring a claim please do not hesitate to speak with a member of our personal injury team who will be more than happy to help you.

>> Read More About Beer Garden Accidents

Unsecured Manhole Covers At Work

Many people have manholes at their workplace or site that lead to essential services such as water or electricity. These services ought to be accessible but at the same time the cover needs to be secure so as to avoid the risk of workers falling into the hole and injuring themselves.

Unfortunately, when a manhole cover is not secured there can be serious injury to workers who may fall through. Injuries can be caused to the legs but also the upper body and arms should the hole be deep enough to fall into completely.

Manhole covers form part of the workplace and the floor of the workplace. This is something that employers must keep in effective working order and good repair.

Unfortunately some manhole covers are not of the correct design for the hole or are not properly housed over the hole so that they cause a risk of injury to workers.

Mr Craig was working in a garage where Heavy Goods Vehicles were serviced. On the day of the accident he stepped on a manhole cover that was not properly secured and his left leg went into the hole. There was no housing for the cover and as such it was not secure and was very unsafe.

The employer admitted liability and Mr Craig was awarded £6,000.00 when his claim was settled out of court. He was represented on a No-Win No-Fee basis and received 100% of the compensation he was legally entitled to.

>> Find Out About Our No Win No Fee Service

Recent Case Studies:

Compensation For Man Injured In Street By Manhole Cover

Is My Boss Responsible For My Injury After Lifting Repeatedly At Work?

It is possible to bring a claim if you have been injured as a result of repeated lifting, pushing or pulling at work.

You may believe that you can not bring a claim as there was no single event that caused your injury, but that is not the case.

We have clients who have for example, sustained a back injury due to repeated heavy lifting.

What is My Employer’s Duty Regarding Manual Handling at Work?

Your employer has a duty to risk assess your job and reduce the manual handling that you do to the lowest level possible.

The first step that your employer has to consider is can the task be eliminated completely. If not, they must consider whether there is any equipment that can assist you, and if not, another work colleague perhaps?

What is important is that you are fully trained in how to do your job, and fully conversant with manual handling techniques.

How do I Prove that Lifting at Work Caused My Injury?

In relation to evidence and proving your case, it is not as straightforward dealing with these types of claims as, for example, there may be no contemporaneous accident book entry.

However, there may be frequent absences from work referring for example to back strain, which will be recorded on sick notes. What is important is to then double check the reason given to the GP. This may be crucial evidence in proving your case.

You also need to ensure that you advise your employer of the reason for your absence, i.e., that it is due to a work related injury.

Typical Job Roles where Lifting can Caused Back Injuries

We have acted on behalf of bus drivers who have sustained back injuries due to lifting heavy luggage, furniture removal men, van drivers, and care home workers. Manual jobs involve manual handling, your employer must make sure that you are safe at work.

If you think that you have been injured due to heavy lifting, contact Bartletts for some specialist legal advice. No win, no fee. The call will cost you nothing, and may lead to you obtaining maximum compensation.

>> Find out More About Lifting Injuries at Work

Recent Case Studies:

Compensation For Health And Social Care Worker Injured At Work

Multi-Drop Delivery Driver Involved In Accident At Work

Compensation For Airport Worker Who Unloaded Excessive Luggage

A common question personal injury solicitors are asked is; do I have to wait until I have recovered from my injuries to settle my claim? The answer to this question will depend upon what the medical evidence says and your instructions.

How will my Medical Examination impact my Compensation?

At an appropriate stage in your claim we will arrange for you to be medically examined by a suitable medical expert. Following the examination a medical report will be prepared to detail the injuries you have sustained as result of the accident and to comment upon how your symptoms have affected all aspects of your daily life.

If at the time of the medical examination you have not fully recovered the medical expert will have to provide a prognosis i.e. an opinion as to how long it will take for you to fully recover. This is essentially an estimate and there is no way of knowing if this accurate until such time as you have actually made a full recovery.

How will the Court Decided how much Compensation I Will Receive?

When considering what award to make in respect of your claim for personal injuries the Court will consider the initial severity of your injuries and the length of time you are likely to suffer from them. For example, a person who suffers for 2 years will receive more compensation than someone who suffers for 6 weeks. Therefore, to accurately value your claim we need to be certain of how long you will be troubled by your injuries.

This leaves you with two options regarding the progress of your claim. The options are as follows;

Presume that the reporting Doctor is correct

If you think you will recover within the timescale suggested by the medical you can instruct us to settle the claim immediately. The amount of compensation you will receive will be based on the presumption that you fully recover as anticipated. Therefore, although your claim will be concluded quicker you run the risk of be under-compensated.

Once your claim has been settled you cannot return to the defendants and ask for more compensation for your ongoing symptoms.

Wait and See

To ensure that you are fully compensated for your injuries we advise you to wait and see whether or not the reporting doctor proves to be correct in their anticipated period of recovery. This means that final settlement will be delayed but you will be satisfied that you have been accurately compensated.

If you do fully recover as anticipated, then we proceed to settle your claim at that stage. If you do not fully recover then a further report can be prepared to consider your ongoing symptoms. If further medical evidence confirms that you have ongoing symptoms that are accident related then the amount of damages you receive is likely to increase.

This is our best advice and this option offers you certainty.

What happens if I never recover from my Injuries? Will I be unable to settle my claim?

You will be able to settle your claim. The only requirement is that we have medical evidence to support that your ongoing symptoms are permanent. You will be accordingly compensated for a permanent injury.

Once medical evidence has been obtained we will fully advise you of the options available to you in order to progress your claim. As with all aspects of your claim we will detail the advantages and disadvantages of each option. We will advise you of any risks so that you can make an informed decision.

If you are still suffering and the injury is not permanent, then our best advice is to wait until you have recovered.

>> If your solicitor has not given you good advice contact our team

Accidents on Cruise Ships

Following the recent cruise ship disaster, there has been a lot of negative publicity recently, mainly about cruise ships breaking down.

There is particular law that applies to accidents involving ships, and most importantly there are special time limits for bringing a claim.

What duty are you as a passenger owed for accidents on board a cruise ship?

The appropriate law is the Athens Convention on Carriage of Passengers and their luggage by Sea 1974. This applies to all member states and became part of our law by the Merchant Shipping Act 1975.

The law is that liability will attach to the “carrier” (ship owner) if fault can be proven and the accident occurred during your carriage.

>> Our No Win No Fee Service Covers both Cruise Guests and Staff

The duty of proving fault is with you, the injured party, very much the same as had the accident happened on land.

You have to prove that there has been negligence and that has led to your injury.

However, sometimes the circumstances of an accident itself reverses the burden of proving negligence, for example, in a case where someone slips on the floor due to the presence of liquid or some other slippery substance.

The fact that there is a spillage on the floor provides an inference that there has been negligence, and the burden then rests on the carrier to prove that there has not been.

It is important to help your case to preserve as much evidence as possible. Take photographs; obtain name and addresses of witnesses. Be vigilant, the duty is on the members of staff to keep a look out for spillages. In reality, they may be really busy and not have time to do this.

What is also important to establish is how long a spillage has been on the floor before being dealt with.

Quite often, a “clean as you go” policy in dealing with spillages will form a defence. If you have evidence that the system is simply not put into operation, then that could be crucial evidence in winning your case. So, if members of staff do not deal with the spillage and it remains on the floor for some time that would suggest that the system is not in fact implemented.

If you have been involved in a slipping accident on a ship, in a supermarket, restaurant or shop, then please contact Bartlett’s solicitors for some free, independent legal advice.

Accidents In the Workplace – Who Is Responsible?

All employers owe their employees a duty of care and those employees are protected by a number of Health and Safety Regulations. However, sometimes the boundaries are blurred as to whether a worker is an employee or an independent contractor.

It is also important to establish whether an accident has been caused by a company’s employee or an independent contractor as employers are vicariously liable for the actions of their employees.

If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. These independent contractors work under a contract for services rather than a contract of services.

Independent contractors have very little statutory employment protection and this has resulted in cases being brought by individuals who are seeking to exercise rights which are not afforded to the self-employed. The courts have had to try and determine whether someone is an independent contractor or an employee by using a series of tests.

If you would like to talk about your employment status in relation to a personal injury call us on 0800 158 2454 for free expert legal advice.

The Control Test

This test is focused entirely upon the degree of control the “employer” has over the worker. A large measure of control i.e. where it could be said that the employer could stipulate not only what was to be done but how it was to be done, indicated a contract of employment whereas a smaller degree of control would point towards self-employment.

The Multiple Test

This test allows all factors to be taken into consideration. A contract of service will exist only if 3 conditions are fulfilled:-

1. Was the worker obliged to provide his own work and skill?

2. There must be a sufficient degree of control.

3. There should be no inconsistencies in the contract which point against an employment relationship.

The Integration Test

The integration test looks at whether the person performing the services is an integral part of the company or whether they conduct business similar to someone performing services as a contractor. If they are integral to the organisation they are considered an employee.

In the case of Ready Mixed Concrete Ltd v Minister of Pensions 1968 the Court looked at whether an owner-driver of a vehicle engaged under a contract of service or a contract for services. The company was not paying national insurance contributions on the worker’s behalf. If the worker was self employed they did not need to, but if he was an employee they did.

The worker bought the lorry from the company, he had to paint it with the company colours, use it only for the company’s business and obey all of the company’s orders. However, the worker was free to choose his own hours of work and when he took his holidays. Using the multiple test it was determined that the worker was an independent contractor.

It is important to note that the above case was a financial dispute, in cases where the issue is of health and safety the court, as a matter of policy, will try and find that the worker is an employee.

In the case of Lane v Shire Roofing Co Ltd 1995 it was determined that a builder who traded as a one-man firm was an employee despite him being categorised as self-employed for tax purposes and providing his own work equipment. In this case the Claimant fell from a ladder sustaining serious injuries.

In the case of Ferguson v Dawnson 1976 it was also found that the worker was an employee. Although working on a self-employed basis Mr Ferguson fell from a roof sustaining serious injury.

When it comes to the question of safety at work, there is a real public interest in recognising the employer/employee relationship when it exists, because of the responsibilities that the common law and statutes place on the employer. So if you’ve had an accident in the workplace but suspect you may not be able to claim because you are self-employed think again as that may not be the case in the eyes of the law.

>> Find Out About Our No Win No Fee Service

Recent Case Studies:

Compensation For Bar Worker Who Fell Down Stairs

Contractor Sues For Broken Ribs After Metal Cage Crushes Him

Sales Representative Struck In The Eye By Shard Of Metal

Temporary Nurse Obtains Compensation For Broken Ankle

Trip To The Supermarket

It is a weekly job that we all do and most of us leave until the weekend when the supermarket is undoubtedly at its busiest!

During these busy times especially at the weekend there a huge turnover of stock and the shelves must be restocked continuously all weekend.

Staff are busy restocking shelves and serving customers and sometimes things can be overlooked such as a customer who has dropped an item on the floor by mistake and a leaking bottle of water that has caused a puddle to form on the shop floor. Whilst most supermarkets do have a system of inspection on a regular basis during the day this can sometimes be overlooked especially at busy times.

It is the job of staff employed for this purpose to ensure that the floor and aisles of the supermarket are checked on a regular basis for spillages and food substances that are a hazard to customers using the supermarket. Some of these large out of town supermarkets are extremely large stores but they still have to ensure that all areas are inspected to make sure there is nothing on the floor that someone using the premises could slip or fall on. Customers are owed a duty of care by the owners of the shop under the Occupiers Liability Act 1957.

Our personal injury team here at Bartletts have won many successful claims of this nature. We have acted for many clients who have brought claims against various supermarkets when a client have slipped on substances at stores which have not been cleaned up in time and have sustained personal injury. Sometimes the supermarket cannot supply documentation to show they had the required system of inspection in place and cannot show that the floor has been checked on a regular enough basis.

If you have been involved in an accident of this type and suffered personal injury it is important that following your accident you advise the store to record the accident in their accident book and to enquire whether there is any CCTV footage of the area where you fell and if so they should be advised to retain it is evidence. In additional whilst it is a time when you may not think of bringing a claim you must obtain details of anyone who witnesses your fall.

If you have had an accident of this type and which to discuss whether you can bring a claim please do not hesitate to speak with a member of our personal injury team who will be more than happy to help you.

Read More About Our Supermarket Accident Solicitors

Recent Case Studies:

Compensation For Man Who Slipped At A Car Wash

Compensation From Iceland Food Stores For Injured Shopper

Shopper Who Slipped At A Waitrose Supermarket Is Compensated

Aldi Shopper Who Slipped At The Entrance Wins Compensation

Customer Injured After Tripping Over Raised Drain Cover

Chemicals At Work

Some types of job or places of work involve the use of chemicals. Chemicals could be used in factories, shops, laboratories, offices or farms. The term chemical could also include hazardous substances created as part of the work process e.g. dust created by cutting wood or stone.

There are various workers who use chemicals, such as farmers, hairdressers, cleaners, worker in a chemical plant or technician in a laboratory.

If you use chemicals at work, the law requires your employer to control the use of them. To do this they need to asses the risks in the workplace and implement and maintain effective control measures. The relevant regulations that deal with the use of chemicals in the workplace are the Control of Substances Hazardous to Health Regulations (COSHH).

Some of the duties that are required by an employee under the 2002 regulations include the following: -

In 2011, the Health and Safety Executive became involved in relation to the circumstances of an accident where an employee of a property maintenance firm suffered burns to his face, neck and arm. The employee was using a high concentration of sulphuric acid to unblock a sink at a domestic property when the corrosive liquid erupted into the air. The employer was prosecuted by the Health and Safety Executive following the accident in 2009. The Magistrates Court heard that the worker had not been given appropriate protective clothing, training or supervision on how to safely use the sink un-blocker, which was made of 96% sulphuric acid. The chemical erupted when he reached over the sink to turn on the tap and mixed with the water in an exothermic explosion. The acid hit the ceiling and rained down on him burning through his paper overalls. He was off work for more than 2 months due to the extent of his injuries.

The employer admitted breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 by not adequately controlling the exposure of workers to hazardous chemicals. The company was fined.

The type of injuries sustained as a result of chemical burns are often serious and long lasting. Their impact is not only physical but psychological and there can often be a prolonged absence from work.

If you have sustained any injury as a result of being exposed or harmed by a hazardous substance or chemical, we may be able to bring a claim on your behalf.

>> Read More About Chemicals In The Workplace

Recent Case Studies:

START-team Worker Compensated For Chemical Burns

Accidents Involving Ready Meals

With the fast pace of life today many people are drawn to the convenience of the ready meal that is easily available in the supermarket or convenience store.

Unfortunately there are sometimes accidents caused by hard objects in the meals that should not be there. Such accidents unfortunately can lead to the loss of teeth and sometimes expensive and distressing dental treatment.

The shop and the manufacturer of the ready meal owe you a duty of care to not cause you injury when you eat the ready meal.

Mrs Long

Mrs Long purchased an Indian ready meal from one of the well known supermarket’s smaller convenience stores.

On eating the meal she bit into a hard object and this caused damage to her teeth including fillings falling out of her teeth.

Mrs Long contacted Bartletts who acted on a no win no fee basis. After the supermarket conceded that they were at fault, Bartletts arranged for Mrs Long to be examined by an independent dental expert who prepared a report on her injuries.

Mrs Long received £3,250.00 in compensation and, in addition, had her dental treatment funded by the supermarket’s insurance company.

>> Find Out More About Claims Against Supermarkets

Recent Case Studies:

Lady Injured After Slipping On Wet Travelator

Man Injured After Slipping On Wet Fire Escape Stairs

Failure By Lidl Staff To Clean Spillage Caused An Accident

Costcutter Customer Compensated After Falling Over

Man Injured At Boots Receives Compensation After Slipping