Yet another horse rider has been denied personal injury compensation from the Appeal Court in the wake of a head injury she suffered when she was thrown from her mount, accident claim experts recently said.
The courts have spoken for the third time on this issue, as this has been the third case so far in 2012 where injured riders have been precluded from bringing personal injury claims against the owner of the horse that they were injured by. A precedent has now been firmly set on the issue, legal experts say, which will make it nearly impossible for anyone else suffering injuries in similar circumstances to seek compensatory damages, no matter how serious the damage they sustain.
The latest case, which involves a 32 year old native of Milton Keynes that suffers migraines to this day after being thrown from the horse of a friend she had been exercising in March of 2006, was dismissed by Oxford County Court last year. She appealed the decision, but the case was quashed in the Appeal Court on April 3 of this year, with Lord Justice Lewiston remarking that anyone choosing to ride horses must accept the inherent risk that such an activity could see the horse responding contrary to the rider’s intentions or not responding at all to his or her instructions.
Legal experts say that the battle lines have obviously been drawn by the Court of Appeal, as it seems that they have started an offensive campaign to limit the classes of claimants who can pursue compensation as a matter of law.
According to accident claim experts writing for the North Devon Journal, a spin-cycling enthusiast prevailed on the personal injury compensation claim she made against a local gymnasium after the pedal of the exercise bike she was using during a class broke suddenly, catapulting her off the piece of fitness equipment and causing injuries to her finger.
Charlotte Brown had been in attendance at the Barnstaple-based Fitness Factory for her regular spin-cycle class when incident involving the broken pedal occurred. The woman suffered a broken finger in her fall, resulting in several personal and work issues until her recovery several months afterwards, according to her personal injury claims.
This was actually not the first time the woman suffered injuries at her gym. Previous to the incident that resulted in her broken finger, there was another issue that occurred with the very same exercise machine, which suffered a similar equipment failure that left Ms Brown with several minor bruises.
The Devon-based gym awarded a compensation settlement to the injured spin-cycling enthusiast for the injuries she suffered due to the faulty exercise bike – a piece of exercise equipment that had only been used for its designated purpose yet still failed, something that one of Ms Brown’s legal representatives said was ‘worrying’ to a significant degree. The amount of compensation paid out to the injured woman was not made a matter of public record as a condition of the award, legal experts reported, though the possibility exists that it could be of a substantial size.
Prosecutors for the Health and Safety Executive brought a work accident claim against a scaffolding company’s former boss after two employees were injured in a scaffold collapse, accident claim experts recently said.
Robert Leslie Butler, former director of RB & Son Scaffolding Limited, had employed both of the men that were injured in the accident. The two unnamed workers had been attempting to dismantle a scaffolding tower that had been erected in Nottingham, at Radford Boulevard, when it collapsed suddenly atop them, according to their personal injury claims.
One of the employees, a twenty six year old man, took a leap from six metres up to avoid the falling scaffolding. However, upon landing on the ground, he suffered fractures to his left ankle and his right heel.
The second man injured in the collapse, a forty six year old worker, had been even further up the scaffolding tower at around ten metres above the ground. The man escaped relatively unscathed as he clung to the collapsing tower, whose fall was arrested by a nearby building, experts say.
The HSE subsequently investigated the incident, discovering that the tower had not been secured to the building anywhere but at the top. In addition to the lack of ties to the building at more than one location, the scaffolding was also found to have been inadequately erected, as it failed to meet acceptable industry standards as well.
Mr Butler, a forty six year old native of Top Valley, Nottingham, was given a £3,000 fine after he entered a guilty plea of breaching Health and Safety regulations. The former company director was also told to pay £2,000 in additional legal costs as well.
An accident claim made by one woman after she was injured in a fall has seen her recently awarded £12,000 in personal injury compensation, industry experts recently reported.
Glynis Dibden, 59 years of age, suffered a badly broken wrist when she slipped and fell in February of 2009. The woman faced months of painful physiotherapy after her injury, only to be told that she could never regain the full use of her injured hand. As a result, Ms Dibden made a personal injury claim in March of 2010 against an accident insurance policy, but was given the run-around by the insurer for quite some time.
The injured woman was asked to submit several documents, but Ms Dibden grew worried when her passport was requested to be sent in – and the insurer insisted on not accepting photocopies. She raised a challenge to the requirement and prevailed, with her insurer agreed to use a certified copy of her passport instead of the original
Upon a consultant assessing her condition in a recent examination, Ms Dibden was finally given her £12,000 compensation award a full three years after the incident occurred. As a goodwill gesture for the delays, her insurer included additional payments as well.
Making an accident claim can be a much more involved process than people realise, said Ms Dibden in the wake of finally receiving her compensation payment. She thanked everyone for their support and expressed her satisfaction at having everything resolved, as she had nearly despaired at one point in the claims process due to her insurer’s demand for so many different forms.
The Government’s Health and Safety Executive has made the decision to prosecute a building firm based in Warwickshire after one of its workers sustained serious injuries in an accident at work involving a fall from height, work accident claim experts recently said.
Frederick Stuart, sixty two years of age, had been employed by Sibbasbridge Ltd, a building company that had been tasked with performing work at a Tiddington construction site when the incident occurred, according to accident claim experts familiar with the case. Mr Stuart, who is from Stratford-upon-Avon, said in a personal injury compensation claim that he had been standing on a scaffolding board that collapsed under his feet, sending him falling nearly two and a half metres down to the ground.
The HSE, which investigated the incident, told Leamington Spa Magistrates’ Court that Mr Stuart suffered a deep cut to his left thigh and fracturing his pelvis in two separate places after his fall was arrested suddenly by a wooden joist. The man’s injuries were serious enough for him to miss work for six months straight in order to facilitate his recovery, and he now has permanent scarring to his left thigh as well.
The industry watchdog uncovered in its investigation that the building firm had neglected to have any protection fitted to the edges of the scaffolding. The HSE additionally found that there had also been a complete lack of bags, netting, or any other type of safety equipment, to soften the impact of a fall.
The building company made the admission that it had been breach of certain health and safety regulations covering working at height at Leamington Spa Magistrates’ Court, leading to a fine of £12,000.
One schoolgirl from Leicester has made a claim for personal injury compensation after she suffered serious burn injuries in an incident at school involving spilled hot food, accident claim experts familiar with the case recently reported.
According to personal injury claims experts writing for the Leicester Mercury newspaper, as much as £12,000 could be paid out by Leicestershire County Council in the event that her claim proves successful. An investigation conducted by the newspaper, which involved making freedom of information requests, discovered that the case is one of more than sixty claims the council has been dealing with over the past four years that deals with pupils and staff sustaining injuries at schools in the region.
Among other claims the council has been dealing with includes a schoolboy who may have lost his sight after another pupil threw sand in his face. Another compensation claim involving eye injury is also working its way through the courts, and the injuries yet another pupil suffered after falling over an umbrella stand could cost the council as much as £18,000.
One Leicester County Council spokesperson released a statement to the press, remarking that the number of claims being made against the local authority was actually quite low when held up against other councils. The spokesperson also stated that the council never paid out compensation on a case without confirming that it was legally liable for any injuries that had occurred.
As the compensation claims were still ongoing, the council spokesperson declined to comment further on the progress being made in determining liability.
One goundsman injured whilst on the job at a motor racing circuit in Wiltshire recently won his work accident claim against his employer, leading to a personal injury compensation payout in excess of £2 million.
Chippenham native David Johnson, sixty three years of age, had been employed by the Castle Combe race track nearby his home for more than two decades prior to the life-changing injuries that led to his accident claim. Mr Johnson had been collecting hoardings as part of a team to recover the metal advertising boards from the back of a flat-bed truck after the 2008 racing season had come to a close at the time of the incident, London’s High Court was told.
Mr Johnson and one of his colleagues sat on the hoardings as they were loaded into the truck in order to keep them secured as the truck made its way around the circuit. However, one of the advertising boards was caught by a freak gust of wind, blowing both it and the unfortunate worker off the back of the flat-bed truck, leading to a fall and severe head injury being sustained by the groundsman, leaving him with serious bran damage and having to depend on outside care for his everyday needs.
In the wake of a new compensation settlement being reached, Mr Johnson stands to receive a £2 million lump sum payment to be followed by index linked annual payments of at least £205,000 in order to provide his ongoing care costs for however long he may live. The injured man can now, thanks to the settlement, leave the rehabilitation centre he had been housed in since the incident and instead return home to his wife.
After one accident solicitor firm based in Manchester has gone into administration, in excess of 40 positions have been lost as a result.
Personal injury claims specialist Donns LLP recently went into administration after reporting that significant historic liabilities and recent cash flow difficulties for its shuttering, which led to 42 staff being made redundant. PricewaterhouseCoopers staff members Robert Hebnton and Toby Underwood were named joint administrators of the firm, and its 2,500 personal injury compensation cases currently in progress have been sold off to legal firm Irwin Mitchell in order to minimise the amount of disruption faced by Donns clients.
Mr Hebenton remarked that he and Mr Underwood are quite appreciative of the worries clients of Donns will have at this time, but assured them that all necessary arrangements have been taken care of in order to minimise and client issues by transferring every live client file upon the appointment of the joint administrators. Each accident claim client will be contacted by Irwin Mitchell in order to be apprised of their case’s particulars, offering them to either appoint their firm or another one if they wish to pursue their case, Mr Hebenton also added.
Founded in 1969 by Raymond Donn, the Manchester-based Donns LLP had been in dire financial straits since at least April of 2010, according to Companies Ouse. That year, the solicitor’s assets were outstripped by its liabilities by a massive £5.5 million, official figures say, and many other solicitor firms have fears that the new legal aid bill, once signed into law, may make it even more expensive for them to operate in the current economic landscape.
A West Midlands-based demolition firm has been prosecuted by the Government’s Health and Safety Executive after learning one of their teenage workers lost an arm in a horrific injury, according to work accident claim experts familiar with the case.
Lichfield, Staffordshire native, Thomas Bird, had been working as a labourer for UK Demolition Services Ltd at the time of the incident, which occurred in Ramsey on a site at Great Whyte, accident claim experts say. The nineteen year old worker had been working in conjunction with the driver of an excavator in order to load debris into the hydraulically-powered selector grab, according to statements read into the record at Huntingdon Magistrates’ Court.
However, without warning, the machine suddenly swung around, pinning the young man’s right arm between it and a wall nearby, crushing it. Personal injury compensation experts say that Mr Bird was rushed to hospital by air ambulance, but due to the massive damage the appendage sustained, surgeons were unable to save it and instead amputated the arm below the elbow.
The HSE investigated the incident, discovering that the driver of the excavator had been attempting to leave the vehicle whilst neglecting to turn off the ignition. As he tried to do so, his jacket became entangled with one of the excavator’s levers, engaging its power and sending the boom of the excavator careering into the teenage labourer.
As a result of the firm’s negligence by way of the excavation driver, UK Demolition Services Ltd was given a fine of £4,000 and also told to pay a total of £3.500 in court costs after it admitted that it had breached health and safety regulations.
One woman who had an amputation carried out on her finger after several mistakes were made on the part of medical staff has recently won her medical negligence claim against the NHS Trust responsible for the hospital where the incidents occurred.
According to accident claim experts writing for the Manchester Evening News newspaper, Claire Heywood sustained an injury to one of the fingers on her left hand after it was cut on a piece of broken glass five years ago. The injured woman attended the Royal Oldham Hospital’s A&E department, where her injury was bandaged and, having been told that no serious injuries had occured, was sent home.
Mrs Heywood, herself a nurse, informed hospital staff that she had fears that a tendon had been severed during the injury, but those treating her injuries discounted her words. Meanwhile, in the weeks following her injury, the woman felt stiffness and pain in her finger, and was urgently referred to go back to hospital by her GP.
Mrs Heywood was told upon returning to hospital that she needed a tendon graft due to a severed tendon, much as she had feared during the initial A&E visit two months prior. However, the nurse saw the finger amputated in 2011 even after undergoing several surgical procedures to alleviate her condition.
In response to the negligence of hospital staff, Mrs Heywood made a personal injury compensation claim against Pennine Acute NHS Trust, which made the admission of several mistakes, including unacceptable delays in surgery, neglecting to refer the woman to a hand specialist, and failing to initially diagnose and treat the severed tendon. Mrs Heywood has since received compensation for damages from the Trust, which has also issued its apologies.