This week the Court of Appeal presided over the case of Baker and Others v Quantum Clothing and Others. This case concerned the liability of an employer in the knitting industry of Derbyshire and Nottinghamshire for employees’ loss of hearing caused by exposure to noise at a lower level than was previously recognised as giving rise to liability.
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Hair straightners have been labelled as partly to blame for an increased number of hospital admissions for children suffering burns. According to The Times, The Children Accident Prevention Trust have studied evidence that indicates that hospitals are seeing increased numbers of children who injury themselves with hot irons.
Hair straightners can reach temperatures of up to 220 Centigrade and remain hot for up to 8 minutes after being switched off and NHS statistics indicate 358 children under 5 needed hospital treatment for burns in 2006 -7.
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Estimated figures published by the Department of Environment, Transport and the Regions in 2001 make for some grim reading, indicating that:
The government is to push for strict new controls governing the use of sunbeds. Radiation and medical experts have concluded that unmanned tanning salons should be banned across the UK and that other tanning salons should only be available to those over the age of 18. The Health and Safety Executive estimates more than 100 deaths per year from cancer as linked to use of sunbeds.
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A secondary school teacher who was hit by a falling branch is suing the Environmental Agency for up to £300,000. Ms Doreen Prior, sustained a blow to the head from the branch, which came from a diseased ash tree in April 2007. The incident occurred on a public footpath at Barcombe Mills in East Sussex and among the symptoms suffered by Ms Prior she lists tiredness, a cut to the head, an impaired memory and states that she now has trouble multi-tasking and has been unable to resume her job as a teacher.
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A leading road safety charity has moved to warn people against insurers who are acting to settle claims mere hours after accidents have taken place. Brake is concerned that insurers are encouraging victims to take a pay out before getting legal or medical advice. This problem with this is that, although it may be tempting to settle the claim quickly and gain compensation early, victims can be left out of pocket especially if they have longer lasting injuries. The pay outs offered are in full and final settlement of claims and mean that there is no legal option to claim any further compensation once this is agreed.
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An elderly man who pushed over a 90 year old lady broke the woman’s pelvis. Mr Alfred Young, aged 73, attacked Francesca Poka after she brushed against him with her walking stick and has been given a six-month suspended prison sentence as a result and now has to wear an electronic tag.
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If you suffer an injury and liability is admitted by the third party then that is half of the battle won with making a claim. However, there is then a responsibility to provide evidence to support your injuries and this is part of the compensation aspect of the claim. General damages are provided in respect of pain and suffering and loss of amenity. This breaks down in to two parts:
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When performing a task it is important to use appropriate equipment to allow you to complete it with minimum risk. In the workplace, employers have a duty of care, born out of the law of negligence, to provide such a task. The legislation governing this is in the UK is called the Provision and Use of Work Equipment Regulations 1998 (also known as ‘PUWER’). It is supplemented by several more closely defined regulations for specific types of equipment.
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The heads of an NHS Trust have been made to apologise in person to the parents of a cancer patient who bled to death after having a breathing tube inserted in his neck incorrectly. Investigations are ongoing as to whether any members of staff should face prosecution. The replacement tube was inserted in the wrong place in victim, Mr Myron Hall’s, neck. It was supposed to be placed directly in to Mr Hall’s windpipe, helping him breathe easier but instead he began bleeding from the tube after it seemingly pierced the wall of an artery. It was stitched following the wound but Mr Hall suffered a catastrophic bleed four days later.
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