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Archives

Sports InjurySports injury claims are very different to the usual run-of-the-mill injury claims and in my opinion require special consideration.

This is because of the law of ‘consent’. It is very common for the other party (the Defendant) to say allege that those partaking in sporting events know the risks of the sport and should bear the consequences. Most Defendants also usually claim that those involved in sporting contests (as either a participant or a spectator) consent to some risk of injury.
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traffic-lightsIt’s common sense, the red light means ‘Don’t Cross’, but you look and think the traffic looks pretty far away and you have enough time to cross the road regardless of your red light signal. Well, where do you stand if you cross the junction against the red light signal and are involved in a collision with a vehicle travelling up the road through their green light?
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fog-accident-claimsAs is probably given away in its name, you should only use a fog light when there is fog or similar bad conditions!

The rules of the Highway Code states that:

  • You MUST use you front and rear fog lights if visibility is seriously reduced
  • You MUST NOT use your fog lights if visibility is not reduced
  • You should not use your lights to dazzle other road users
  • You MUST switch you fog lights off when visibility improves

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The Manual Handling Operations Regulations 1992 cover manual handling operations at work.

The below is just an intro. to the Manual Handling Regulations, there is a lot more to the regulations and I will cover the other stuff in future posts.
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rabid-dogA woman has suffered a horrific facial injury after being attacked by a Staffordshire bull terrier. The 47 year old woman had to have 30 stitches to deal with the wounds she suffered. According to the BBC website, the woman was attacked whilst standing at the door of a tenant’s residence while undertaking her job as a housing officer. She has been left with scars and is now said to be a lot more wary around animals and due to her injuries she had to take five weeks off work.
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loler-forklift-safetyLifting injuries are such common place at work that they are covered by there very own Regulations. These are called, The Lifting Operations and Lifting Equipment Regulations 1998 – better known as ‘LOLER’. First of all, let me explain what is meant by the term ‘lifting equipment’?

LOLER defines the term as meaning ‘work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it’.

What Regulations does LOLER impose on my Employer?
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computer-screen-claimsComputers have been commonplace at the workplace for years now and the regulations that cover the screens to protect you are called The Health and Safety (Display Screen Equipment) Regulations 1992

These regulations are one of the few which are specifically targeted at a particular type of equipment and a particular activity – that’s your computer screen and the way in which you use it!

So what should your Employer be considering when there is extended use of computer screens in the workplace? In broad terms, the following points should be considered by an Employer:
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3-years-claimThe limitation period in terms of claims involving fatal accidents is normally 3 years from the date of death. After this point the claim will normally be statute-barred, meaning that the claim can no longer be brought. The purpose of this is to protect individuals from being subjected to claims a considerable time after they might reasonably have expected to have to defend the claim.

However, there may be circumstances in which a claim can be brought outside of that limitation period. A good example would be if the person bringing the compensation claim was a minor at the date when the accident happened. The 3 year limitation period will not start to run in this case until the claiming party reaches the age of 18. This helps to protect children from any exploitation which they might be vulnerable to had they brought a claim at an earlier age, provided of course that they were a dependent of the deceased.
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traffic-signsIf a driver ignores a road sign, they do so at their own risk. In the case of Buffel V Cardox ltd, a cyclist crossing the main road was injured by a lorry travelling up that main road.

About 95 yards from the crossing there were signs and studs in the road warning drivers on the main road to ‘slow’ and there were also a cross roads sign and a flashing beacon to warn drivers of the dangers ahead but the lorry driver on the main road decided to ignored the road signs failing to slow down and carried on driving at a high speed, which the Court found to be a dangerous speed for the road conditions.
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Trips and slips are common place in the workplace. Unfortunately, this means that injuries are a regular occurrence.Employers are under a duty under regulation 12 of the Workplace, Health and Safety regulations 1992 to make sure as follows:
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