Personal Injury Blog

Valentine’s Day Hazards

Valentine’s Day is nearly upon us and many couples will no doubt be heading out for a night of romance and unaware of hazards which we may encounter as a result. Below are just a few examples.

Flowers

If you are planning on buying some flowers for your loved one from your local florist or supermarket be mindful of slippery wet floors.

Mr Thompson attended a large supermarket to buy a bunch of flowers when he slipped and fell on water which had leaked from one of the buckets. It was discovered that the bucket had a hole in it. Mr Thompson sustained a back injury as a result and Bartletts Solicitors successfully pursued a claim against the supermarket in accordance with the Occupier’s Liability Act 1957. Mr Thompson received the sum of £3,500 and his legal fees were paid for him by the other side meaning that he received 100% of his compensation.

>> Find Out More About Supermarket Accidents

Fine Dining

Most couples will be planning on attending their favourite restaurant for a candle lit dinner but no matter how upscale the establishment accidents can still happen.

Ms Lloyd attended a well known restaurant chain and sustained injury when her chair suddenly, and without warning, collapsed under her causing her to fall to the floor. Bartletts Solicitors argued that the chair was defective and dangerous for the purpose of use and the restaurant’s insurers admitted liability for the accident. Ms Lloyd received compensation for her injury together with the cost of private physiotherapy treatment.

Food poisoning is another hazard to avoid but if you are unfortunate enough to suffer with this we can help you claim back the compensation you deserve. There are numerous causes of bacterial food poisoning; however the most common is through improperly cooked, prepared or handled food. Bacterial food poisoning can cause the sufferer to become extremely ill or, in severe cases, can even be fatal.

>> Find Out More About Accidents In Restaurants

Dancing

If your loved one if taking you for a night dancing keep an eye out for slippery floors, tripping hazards and defective flooring.

We have dealt with many claims where people have been the victim of slippery floors caused by spilt drinks. Tripping accidents have also occurred as a result of defective carpeting or broken glass or bottles which have been left lying on the floor.

Section 2 of the Occupier’s Liability Act 1957 clearly states that “The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there”.

You should be able to claim personal injury compensation if you can prove that:-

If are unlucky enough to be involved in an accident this Valentine’s Day please call Bartletts Solicitors who will be able to help you obtain 100% of your compensation without any cost to yourself.

>> Our No Win No Fee Contract Covers Valentine’s Day Accidents

Ice skating is going through a surge in popularity in Britain at the moment, due in large part to the success of the ITV programme, Dancing on Ice. During the winter months, temporary open air ice skating rinks spring up in city centres across the country, and are visited by thousands of skaters. Studies carried out by the British Medical Journal at local hospital casualty departments show that the opening of a temporary ice rink leads directly to a significant rise in emergency admissions. Accidents at ice rinks usually involve slips, trips, falls and collisions. The most common resulting injuries include broken and dislocated bones, cuts, bruising and concussion.

As open air ice rinks are essentially commercial premises, the owners owe a duty of care to their visitors, and must take all reasonable measures to prevent accidents and injuries occurring. In the case of ice rinks these responsibilities are particularly onerous. Ice skating could be said to be an inherently dangerous activity, and ice rinks attract skaters of all different ages and skill levels. The majority of injuries are self-inflicted, caused by skaters losing balance of their own accord, and falling on the ice. In other situations however accidents may be the fault of ice marshals charged with supervising the skating, or the owners of the ice rink.

Supervision is of primary importance at ice rinks. There should never be too many skaters on the ice at any one time. The UK’s National Ice Skate Association sets a maximum of 1 skater per 3 square metres of rink floor. Marshals and other staff at ice rinks should also monitor the behaviour of skaters. Excessive speed can cause accidents, as can dangerous behaviour, such as groups of skaters forming long chains or trains. Skaters who are intoxicated are likely to pose a risk to others, as are those who wear incorrect clothing, such as hoods, which prevent them from seeing other skaters, or those who take bags and rucksacks onto the ice. Medical staff and first aid facilities must be available to handle injured skaters, as injures can be significantly worse in the long-term if they are left untreated for any length of time.

The other main area of responsibility for the owners and operators of temporary ice rinks is proper maintenance of their premises and equipment. Skates may be defective, and if a buckle breaks for example, while a person is skating at speed, they are very likely to have an accident, injuring themselves and possibly others. It is important that the ice itself is cleaned at regular intervals, to ensure that surface imperfections do not present a hazard to skaters. We have recently handled cases on behalf of clients injured at temporary ice skating rinks through no fault of their own. Contact us today for free legal advice if you have been involved in an accident at an open air ice rink.

>> Our No Win No Fee Contract Covers Ice Skating Accidents

>> Read More About Claiming Compensation For Accidents On Ice

The winter having finally arrived with a vengeance in many parts of Britain, it is essential that all companies consider the threats posed by weather conditions in outdoor areas on their property. High wind can cause tiles to fly from roofs, while rain and sleet may swiftly turn into hazardous patches of ice if the temperature drops a few more degrees.

Health and safety procedures at work need to be particularly observed in such conditions. Commercial premises such as shops and supermarkets must also take the necessary measures to ensure that their premises are safe for visitors, including making sure that all buildings are in state of good repair, and that outdoor areas are kept free from hazards, mainly ice, snow, broken tiles and other debris blown in by the wind.

Employers and commercial organisations are legally responsible for the maintenance of their premises, and must maintain their property, including buildings, roofs and outdoor surfaces in a state of good repair at all times. In freezing conditions companies are expected to take precipitate action to protect their workers and visitors from the risk of getting injured.

>> Read About Our No Win No Fee Agreements

Employers, owners and occupiers of public premises must be aware of both current and predicted weather conditions, and are legally obliged to take adequate measures to deal with hazards posed by strong winds, ice and snow. This includes having sufficient supplies on grit on hand to deal with ice on company property, and most importantly, supervising properly, to ensure grit or salt is used promptly and effectively as the conditions demand.

We previously handled a case on behalf of a client who slipped in his company car park and broke his ankle, causing months of pain, inconvenience and loss of mobility. We were eventually able to show that he had slipped on ice that had formed from water leaking from a drainage pipe. The pipe itself was cracked, and this had caused the water to flow down from it into a section of the office car park.

In this instance, the employer should have had the pipe fixed previously, as it was reasonably foreseeable, given the sub-zero temperatures and leaking water, that it would cause an accident. A few months later our client received a cheque for £5,500 in personal injury compensation.

If you have been injured on a company’s premises it is important to seek legal advice to determine your rights. Contact our specialist team of solicitors today for a free no obligation consultation.

>> Read More About Claiming Compensation For Slipping On Ice

How Will Suing My Employer Impact My Relations At Work?

Many employees face a difficult dilemma if they have been injured at work and believe that the accident was the fault of their employer. If a worker is forced to take a period of time off work due to an injury, they may be unpaid during that period, and may also face costly medical bills. This is apart from the pain and suffering they will have experienced.

The question an injured person will ask themselves, is whether suing their employer will impact on their working relationship and job security. The answer depends on the specific circumstances of an injured worker’s case, though an employer would face a claim for unfair dismissal, were they to sack an employee without justifiable grounds to do so.

At first glance it would seem that the employer-employee relationship will be irreparably damaged in practical terms, by the prospect of the two parties contesting a court case. In reality however, the vast majority of claims are settled through negotiation before they reach the court stage.

Employers are obliged by law, under the Employers Liability (Compulsory Insurance) Act 1969, to hold employers’ liability insurance, covering them in event of a successful personal injury claim brought against them by an injured worker. When a claim is successful, and a settlement to a dispute is agreed, compensation will be paid out under the terms of the employer’s insurance policy.

There is normally no direct financial loss to the employer therefore, and this helps to reduce the bitterness of the affair for both parties.

In most cases, the facts surrounding an accident at work, and where responsibility for the incident lies, is relatively easy to establish. Once a negotiated settlement is reached between the two parties to a claim, it is possible for the employer-employee relationship to continue as before. Workplace safety will often have been improved due to the failings exposed by an injured worker’s compensation claim, which may therefore ultimately seem to have been beneficial to both parties.

Apart from the fact that employees are protected from dismissal without valid reason by employment legislation, there is no reason why working relationships will be damaged or destroyed by a contested personal injury claim. Each case is unique, and injured workers should seek free specialist legal advice to determine what effect making a claim may have on their working life and future prospects.

>> Read About Our No Win No Fee Agreements Covering Accidents At Work

Recent Case Studies:

Worker Sued Employer After Fall From Defective Step Stool

Compensation For Personal Injuries Caused By Strong Winds

Statistics show that the roofs of over a million UK homeowners are damaged by high winds every year, and the last few days will have already seen tens of millions of tiles dislodged from roofs across the country. With very strong winds from the Atlantic set to continue, it is worth looking at the question of who is responsible for people getting injured, and property being damaged, by falling and flying tiles. Tiles come in all shapes and sizes; they may be made of ceramic, terra cotta or cement, and are often weighty, sharp-edged objects, potentially capable of causing serious injury on impact.

Commercial organisations, including shops, restaurants and hotels, have a legal duty to ensure that their premises are reasonably safe for visitors, and that all fixtures on the property, including roofs, are properly maintained. Private companies must hold public liability insurance, to indemnify them in the event of a visitor to their property getting injured. Were a tile to fall from a roof in a pub beer garden for example, striking a customer on the head and injuring them, the pub’s owner or occupier would be liable, and compensation would ultimately be paid out under the terms of their public liability insurance policy.

When a tile falls from a private property, causing injury or property damage, the person or people responsible for the maintenance of the property will be consequently liable, and it will be possible to claim damages from their insurers. They will normally be covered as part of a home or property owner’s insurance policy, that includes public liability, held by the owner-occupier or landlord of a property. Otherwise a housing association or local council may be responsible for housing disrepair and poor maintenance, which has directly lead to tiles falling from roofs, causing injury or property damage. In these circumstances it will also be possible to make a compensation claim against these bodies.

Our specialist personal injury solicitors have dealt with a number of cases over the years, on behalf of clients injured by falling tiles during windy conditions. Occasionally insurance companies may dispute a claim for damages, on the basis that it is impossible to protect against very strong winds, or else they may seek to blame a third party for the accident. For these reasons it is important to seek advice from solicitors such as ourselves, with the necessary expertise and experience in both personal injury and property related legal matters.

Recent Case Studies:

Injured By Sign Blown Down In The Wind

Who Should You Seek Compensation From For Slipping On Ice?

At this time of year, freezing conditions begin to pose a challenge and a hazard to millions of drivers and pedestrians across the country. Ice and snow usually plays havoc with Britain’s transport network, making commuters’ lives a misery, and forcing many to walk to and from work in treacherous conditions. During the winter months, tens of thousands of people are admitted to hospital with injuries after slips on ice, many of which are sprains and fractures to the ankles and wrists. Dislocated and broken fingers, as well has head injuries and concussion are also common.

Following heavy snowfall or a severe frost, schools are often forced to close, as they simply do not have the resources to guarantee the safety of their teachers and pupils. Local councils and local authorities try their best to mitigate the worst of the conditions, yet, as the law recognises, lack the resources to be able to ensure public areas, such as roads and pavements, are kept free from ice and snow at all times. Homeowners face often contradictory responsibilities in keeping their property clear of ice and snow. Courts take a realistic, balanced view when assessing responsibility for accidents in public places and on private property caused by ice and snow, and in most circumstances will side with the local authority or homeowner.

The situation is very different with regard to workplaces and commercial premises, such as shops and supermarkets. The law imposes a higher duty of care on employers and owners / occupiers of commercial premises, who are obliged to take all reasonable measures to protect their lawful visitors from the risk of injury while on their property. In freezing conditions, their responsibilities include ensuring they have adequate amounts of salt or grit available to treat outdoor areas. They must also monitor weather conditions, and act promptly to clear ice and snow before it can pose a hazard. Outdoor areas should be treated with salt or grit before a working or commercial premises opens to visitors. There should also be regular inspections carried out throughout the day, to maintain outdoor surfaces in as safe a state as possible.

The most important areas for employers and owners / occupiers to concentrate on, are car parks, vehicle and pedestrian traffic routes, and entrances to indoor areas. Vehicles may slide on patches of ice, colliding with parked or moving vehicles, or with pedestrians. Snow may also be trampled indoors by visitors, and may form dangerous pools of water near entrances and exits. Premises which are open until late at night, or from early in the morning, face a particular challenge in dealing with freezing conditions, as temperatures will be lowest at these times. The test for establishing whether an employer or owner / occupier is liable for a person’s injury following a slip on ice, will be whether the accident was reasonably foreseeable in all the circumstances. Thousands of injured people are able to successfully claim compensation on this basis every year.

>> Read More About Claiming Compensation For Slipping On Ice

Office Christmas parties can be wild affairs, with employees encouraged to let off steam and wind down the year partying with their colleagues. Casualty departments at hospitals are filled to capacity over the festive period, with a constant stream of alcohol-related injury admissions. Many of these patients will have started drinking at their work Christmas party, and continued elsewhere. In some cases however, employees will be injured through no fault of their own while attending the office Christmas party. The actions of a co-worker, or lack of supervision or planning of the event on the part of management, may both be grounds for a successful personal injury compensation claim.

Wherever an office Christmas party takes place, the employer is still responsible for the health and safety of their workers, who, by attending, are acting in the course of their employment. This means that the behaviour of workers must be monitored to some extent, and dangerous activities, dancing on tables for example, actively discouraged. From a legal point of view it is reasonably foreseeable that a person dancing on a table, desk or chair, after consuming a considerable amount of alcohol, will fall off it and injure themselves and / or others. Spilled drinks, broken glass and poor lighting may all create hazards for those attending the party, and it is ultimately the responsibility of management to ensure that they don’t.

The drunken antics of work colleagues may be the cause of others getting injured at the office Christmas party. The employer can be held liable for the actions of individual workers during the course of their employment. This is known as vicarious liability, and in effect means that employers and management need to ensure the no individual or group’s behaviour gets out of hand, to the extent that it is recklessly endangering others. Excessive alcohol consumption should not be encouraged or permitted, given the likelihood that it will lead to problems. Office parties are a great chance to let your hair down and have fun, however it is important to remember you are still in your usual working environment. and the same rules concerning workplace safety do still apply!

>> Find Out About Our No Win No Fee Service

Slipping On Ice In A Car Park

It was on this day a year ago that we were waking up snow. The winter weather of snow and ice will soon be upon us but we still need to carry on with our day to day activities.

Sometimes you may find yourself on someone else’s premises where the presence of snow and ice is a slipping hazard and should have should have been preventing from forming, for example the area should have been gritted or should have been removed, for example the snow should have been shovelled away.

As a visitor to a public place a duty of care is owed to you under the Occupiers Liability Act 1957. The duty owed is “… to take such care as in all circumstances of the case is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”.

Bartletts Solicitors acted for a lady who was collecting a parcel from a Royal Mail collection depot. She had collected the parcel and was walking across the car park back to her car when she slipped on ice. There was no evidence that the area had been gritted. She fell onto her left side and as a result injured her left elbow. She was absent from work for a few days.

The Defendant’s insurers admitted liability straight away. She received £3000.00 in compensation.

If you have injured yourself as a result of slipping on snow or ice in the car park of a retailer, supermarket, or some other public place please fell free to contact us to find out if we can bring a claim for compensation on your behalf.

>> Read More About Claiming Compensation For Slipping On Ice

Injured During Busy Shopping Periods

As the calendar turns over to December once again, the majority of us will have to brave the massed hordes and embark upon the most expensive of all the festive traditions; Christmas Shopping.

All shops or stores have a duty of care to ensure that their customers are safe whilst shopping inside. If a shop has breached that duty by exposing you to a hazard or trap, which has resulted in you becoming injured, then you may be eligible to claim compensation for this injury.

If it can be shown that the shop or store breached their duty of care, and in turn that breach has caused you injury, then your claim will be successful.

For example, if you slip on a spillage of mulled wine whilst making your way through the crowds inside the supermarket, as you attempt to snare that elusive ‘perfect turkey’, then it can be argued that the supermarket did not have an adequate system of inspection and cleaning in place to deal with the spillage. It will then be for the store themselves to prove that they did have such a system of ensuring that the floors are clean, dry and not posing a risk to customers.

Bartletts have acted for numerous clients who have unfortunately had an accident whilst carrying out their Christmas shopping.

I worked on the case of a Mr Page, who slipped on a sign that was originally hanging from the ceiling of a store advertising ‘Half-Price Mince Pies’, and which had fallen onto the floor, creating a hazard.

Mr Page slipped on this sign as he made his way through a busy and popular store, and sustained a very painful broken index finger. The store had no knowledge of the sign having fallen onto the floor, as they did not have a system in place ensuring that the shop floor was free from such dangerous obstructions.

As a result of the accident, Mr Page was unable to work for 12 days, and additionally incurred medical and travel expenses. Due to these circumstances, Mr Page decided to bring a claim and contacted Bartletts Solicitors who allocated his claim to an experienced member of the Personal Injury team.

By the end of December the following year, Mr Forrest had received his cheque for £4,000.

>> Read More About Claiming Compensation From Supermarkets

Recent Case Studies:

Compensation For Eye Injury From Leaked Bleach At Supermarket

Compensation For Slipping On Rice At Convenience Store

Customer Compensated For Accident At Superstore

Compensation For Slipping On Puddle Of Water At Supermarket

The Christmas Rush!!

It is nearly that time of year again when people start to panic that they do not have everything in place ready for Christmas day.

The shops are brightly lit and people are filled with festivity.

However with the clocks recently going back and the nights much darker and in addition to that the cold frosty weather is upon us.

Whether you decide to do your Christmas shopping in a shopping centre or supermarket the owners should ensure that the premises are safe for customers using them and must take into account the weather conditions and also how busy their premises will be at this time of year.

You are owed a duty of care as a visitor to these premises under the Occupiers Liability Act. If the weather is wet the owner of the shopping centre or supermarket should make sure that mats are in place so that people do not slip when entering the store/premises. If the weather is icy they are obliged to carry out gritting to areas and also car parks to ensure that the areas are safe to the public.

We here at Bartletts acted for a Client who visited a shopping centre last year just before the Christmas rush. She had parked her car in the car park of a busy supermarket. She had arrived a the store early to avoid the Christmas rush. Unfortunately, the weather was very icy. She had arrived at the store early to avoid the Christmas rush. Unfortunately, she had arrived before the gritting had taken place and when she stepped out of her car slipped and fell to the floor sustaining a fracture to her arm as a result and had her arm in plaster over the Christmas period. The Insurers for the shopping centre admitted liability for failing to ensure the car park was gritted before customers used the car park. Liability was admitted and compensation was obtained on behalf of our client.

If you have had an accident of this type or similar would like some advice if you do have a claim then please do not hesitate to contact a member of our personal injury department for advice on brining a claim.

>> Read More About Claiming Compensation From Shops

Recent Case Studies:

Child Injured By Insecurely Fastened Christmas Tree

Accident Caused By Christmas Decorations

Compensation For Slipping On Promotional Material