Claiming For Psychiatric Illness : The Legacy of the Hillsborough Disaster

One of the blackest days in recent sporting history happened in April 1989 at Hillsborough Stadium during an FA Cup tie between Liverpool and Nottingham Forest when officers with South Yorkshire Police caused the stands where spectators were sitting to become overcrowded which in turn caused 95 people (mainly Liverpool Supporters) to be crushed to death.

One the outcomes of this was a case called Alcock v Chief Constable of South Yorkshire which was heard at the House of Lords and is relevant in dictating who is allowed to bring a claim for psychiatric illness.
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The Duties of Professionals – What You Should Expect

At some point in all our daily lives we deal with professionals whether it be our local doctor or solicitor. In today’s blog post I will provide a review of the case which dictates (in legal terms) the level of service you should expect from professionals.

The case is Bolam v Friern Hospital Management Committee, and the facts of it were that the Claimant (Mr Bolam) was suffering from acute depression and was undergoing electric shock treatment to treat this. The unfortunate effect of this for Mr Bolam was that it caused him to have muscle spasms which were so severe it caused his pelvis to be fractured. As a result Mr Bolam sued the hospital treating him and argued that:
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There’s A Snail in My Ginger Beer Bottle!

The basic legal principles as to how you can bring a claim for injuries (particularly in product liability claims) were set down in the House of Lords back in 1932 some 78 years ago. Today’s article looks back at this case and how it still is relevant today.

The case stemmed from Mrs Donoghue visiting a cafe with her friend in Paisley. Her friend bought her a ginger beer float (which is a glass of ginger beer with ice cream floating on top) importantly the contents were contained in an opaque bottle. Mrs Donoghue proceeded to take a sip from the bottle and then when her friend topped up the drink the remains of snail came out of the bottle. As a result Mrs Donoghue said the sight of it made her ill.
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Help! I’ve been in a Car Accident!!!

I mentioned in my latest article (Dangerous Dozing Drivers) that road traffic accidents are not uncommon – and we at The Injury Lawyers take on a great deal of new road traffic accident claims on a daily basis. But what should you do if you have been in an accident that wasn’t your fault? Well here’s a little friendly advice for you: –

1. Don’t Panic!

I know – this is a lot easier said than done! And of course is rather circumstantial if you have been involved in a big car accident… But try not to panic and try to remain calm. It’s likely you are in shock from the impact, and may be feeling a little dazed and unsure what to do. This is probably the hardest part – but if you can keep your head together, then the next steps might be a little easier.
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Air Traffic Control: Childs Play, Apparently…

I don’t know about you, but I can sympathise with anyone who has ever been a little nervous stepping on to a plane. Let’s put it into perspective; that massive white metal barrel your stepping in is going to be flying tens of thousands of feet off the ground! So you’d like to think that airlines and airports take safety very seriously. But according to two separate report s from the BBC, we may not be as safe as we think…

According to a recent report from the BBC, a Swedish pilot was arrested by Dutch police just moments before he was to take off in a jet from Amsterdam to Turkey carrying 101 people – without a license! (source)

According to Turkey’c Corendon Airlines, the unnamed 41 year old mad has been flying for the airline for two years, and were quoted to have said the perjurious pilot “expertly misled the company with his false papers”. The man in question once had a license to fly small planes, however this was overdue, and doesn’t really  stand as much comfort for anyone to be honest either! According to the report, the man was “relieved his long deception was uncovered and tore off his pilot’s stripes in the cockpit.” He is now rightly in police custody  awaiting trial.
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The Parental Indemnity Trap

Today’s blog entry is aimed at those readers who are parents and serves as a warning of how the responsible party’s insurers can put you at risk if your child is involved in an accident that wasn’t their fault.  To put this into some context I will provide a quick capsule review at how you can claim on behalf of your child if they are injured in an accident.

The usual way of claiming is that your solicitor will appoint you to represent your child’s interests and you will be their point of contact with the solicitor. If your child’s claim is accepted they will have a medical appointment with a consultant who then prepares a report that your solicitor sends to a barrister who will value your claim. The next step is for court proceedings to be issued so as a judge can conduct a hearing to determine the level of your child’s compensation which should then be held on trust until they are eighteen and old enough to decide how they want to spend it.
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Knowing Your Rights at Work – What Your Employer Should Do To Protect Your Safety

As most people’s time at work is limited and often very busy, it is often easy to overlook the safeguards that your employer should be putting in place to maintain your welfare at work should you have an accident. What follows in today’s blog is what you should expect from your employer.

The Health and Safety at work regulations 1999 set out many of your employer’s responsibilities to you as an employee, here are some of the ways they help make your workplace safer:

• They provide that your employer must make a risk assessment to any risks to your health and safety and to make sure that such risks are identified and removed or (at the very least) the risks should be limited in affecting the safety of employees where possible. 
• Following on from this they should make you aware of these risks and how you should deal with them by having an appropriate policy in place.
• Your employer will also appoint a suitable representative who you can approach regarding any health and safety problems who you can voice your concerns to.
• Your employers should back this up by providing written documentation about any risks to you and how these are dealt with by your employer.
• Conscientious employers should provide you with health and safety training when you start work with them and also on every occasion that new potential risks arise.   

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The Price we Pay for Faulty Products!

The Sale of Goods and Services Act 1982; ever heard of it? It’s an important piece of modern legislation, and I think it’s safe to say it’s one that affects us all! Have you ever bought a product and it hasn’t worked the way it should? Or even perhaps it hasn’t lasted for as long as it should? I know I’ve certainly been on the end of that frustrating stick – and according to a BBC report, faulty goods are costing consumers on average £78 a year; a staggering £5,000 a lifetime! (source)

So why is this the case? Well according to the report, people are too worried about returning a faulty product through nerves, embarrassment, or fear of intimidation! The Poll from the Department for Business revealed that nearly half of those questioned had at least one faulty product at home. Low value items reportedly tend to be kept, and the highest complained about item were second-hand cars.

Personally, I have no qualms about returning a faulty product – but remarkably the results of the 3000 people spread indicated that men are losing more money than women in failing to return faulty goods! Costs for men was found to be at £89 per year on average, compared to £71 a year for women. Men apparently felt more intimidated, whilst women felt more embarrassed.
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Road Rage…

Ok, so we all get it sometimes… Someone cuts you up on a roundabout, or pulls out in front of you from a side road; and you respond with a short expletive and a bash of the horn. But when road rage turns fatal, it’s an altogether different, and tragic, story. I’ve heard of some appalling instances of road rage before, but this story really is such a tragedy:

According to one BBC report, a man from a notorious Glasgow crime family has admitted killing a man in an act of road rage terrible road rage (source).

Twenty-eight year old Paul Lyons (28) rammed Mark Fleeman’s van on the M74 in an act of drink and drugs fuelled road rage, at a time when Lyons was serving a driving ban! Tragically, Mr Freeman suffered fatal injuries after his vehicle was overturned and taken off the road during the incident, just seconds after a desperate 999 call was made to police with the operator allegedly hearing the impact.
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Brief Guide To Criminal Injuries Compensation

One of the more overlooked ways to make an injury claim stems from if you have been a victim of violent crime and sustained serious injuries. On first glance it’s easy to think that such an accident would be entirely a matter for the Police, however you are entitled to bring a claim for compensation through the Criminal Injuries Compensation Authority (CICA), which is a public body set up to compensate innocent victims of crime for their injuries.  

Here’s four easy steps as to how you can claim:
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