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September 16, 2013

Slips from Leaking Fridges and Freezers in Supermarkets

slipping accidents in supermarkets claim adviceWhen fridges and freezers leak in a supermarket the residue can cause people to slip on the smooth floors. If you have slipped in a supermarket, the Occupiers’ Liability Act 1957 places a duty upon the supermarkets, as occupiers, to not cause you harm.

What duty does the supermarket owe?

The supermarket owes the common duty of care to anyone who enters the premises unless they restrict this. This means that the customer who enters the store will be reasonably safe to do the shopping. In addition to this, supermarkets must be aware that children are likely to be less careful than adults.
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By Author
September 16, 2013

Package Tour Regulation Claims

package tour holiday claimsPackage tours are a common and sometimes cheaper alternative of booking a flight, hotel and other services in an all in one ‘package’. On occasion, accidents occur on package tours and even though it may have happened in a different country, you may still have a claim within the English and Welsh courts under the Package Tour Regulations.

What the law considers a package tour!

The law considers a package tour to be one where there has been a combination of transport, accommodation or other services which account for a sizeable portion of the package. The package tour must have lasted for a period exceeding 24 hours, or alternatively included overnight stay. It must have been pre-arranged and have been a price which included the transport, hotel etc. It includes business or educational trips and can apply even if you have used different flight and accommodation companies, as long as they have been put together into a ‘package’ by one person or company.
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September 12, 2013

Accident Claims 100% Compensation

100% Compensation SolicitorsIf you are shopping around for the perfect lawyer to represent you for your claim for personal injury compensation, you may fall within one of the following common categories

  1. You have yet to speak to anyone and you are unaware of the recent legal reforms that have left lawyers charging clients for making a claim.
  2. You have spoken to a few firms and found they will all deduct 25% from your payout and perhaps even ask you to pay for insurance for your case.
  3. You thought you’d found a good lawyer until you got their paperwork and discovered they had neglected to inform you they are taking 25% of your payout and asking for insurance payment!

The above is based on what we have found from the thousands of people who contact us. So whether you have found this article by searching for lawyers in general and had no idea about the changes, or whether you are hunting for the “Holy Grail” that is a genuine 100% compensation offer, you can look no further!
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By Author
September 12, 2013

Driver’s Duty of Care to Passengers

passenger injury claimsDrivers owe a duty of care to their passengers just as much as they do to other users of the highway – whether this be to other drivers or pedestrians. One of the main things to know is that, as a passenger in a collision, you probably have a guaranteed claim for personal injury compensation.

As a passenger, unless you did something reckless and crazy like distract the driver or pull on the handbrake, the collision was likely out of your control. As such, you’re innocent. Either the driver of the vehicle you are in or another road user was responsible for what has happened, so you can claim of either party depending on who is at fault.
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By Author
September 12, 2013

How Much Can I Claim for a Whiplash Injury?

whiplash injuryWhiplash is usually a lot more complicated than most people think. If you have never suffered from it, you probably don’t have much regard for a person making a whiplash claim. But if you have or are suffering from it, you’ll know it is a real injury and it can be an absolute pain. I’ve had it myself.

So if you want to make a whiplash personal injury compensation claim, how much should you receive? Is it worth making a whiplash claim?
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By Author
September 11, 2013

Slipping Accidents Compensation

slip and trip accident claimsSlipping accidents are very common in everyday life. We come across slipping accidents in supermarkets/shops as well as slipping accidents in the workplace all the time. If you have slipped and sustained injury and it was not your fault, you may well be entitled to claim compensation.

This type of accident would come under something known as occupier’s liability (if it happened in a supermarket or shop for example). Basically the occupier of premises is under a duty to keep the premises reasonably safe and to keep people on the premises safe and free from harm. Under occupier’s liability, there is a different level of care depending if the person on the premises is legally there (i.e. a visitor to a supermarket) or if the person is there illegally (i.e. is a trespasser). It is surprising for many but trespassers (that is someone on the premises illegally) are still owed a duty of care. Trespassers may be able to claim if they sustain injury on the premises. However most people will of course be legal visitors, such as when you enter a supermarket or shop to browse or to buy shopping.
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By Editor
September 11, 2013

Cyclist Hit by a Car Claim – Injury Lawyers Advice

cyclist claimsHere at The Injury Lawyers we deal solely with personal injury claims. We aim to recover the compensation that you deserve. We have dealt with many claims on behalf of cyclists who have been injured following a collision with a car. Cyclists can be very vulnerable on the road, even when following the correct procedures and rules of the road.

Sometimes I think that cyclists are in a difficult situation.

First they are not supposed to cycle on the footpath as this would not be fair for pedestrians and could cause danger. Obviously children do often cycle on the footpath but when we are talking about cycling as a normal form of transport, cyclists are supposed to cycle on the road. Fortunately many roads do have designated cycle lanes and I believe this does make a significant difference.
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By Editor
September 11, 2013

Injury Claims Limitation Period – Don’t miss out!

injury claims limitation periodMost claims for compensation for personal injury in England and Wales must be brought within a 3 year period, with this time limit being known as the limitation period. This means that from the date of the accident occurring, you have three years to bring your claim. This means you must either settle the claim or issue the claim with a court within that time period.

The Limitation Act 1980 states that with regards to personal injury, that “the period applicable is three years from… the date on which the cause of action accrued; or the date of knowledge (if later) of the person injured.” (source)
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By Author
September 10, 2013

Slipped on Fruit at Supermarket Compensation Claims

slips trips supermarket claimsWe don’t expect to sustain a personal injury when we are out in a supermarket doing our weekly (or daily for some) shop. The good news is that you are well protected if you do sustain injury that was not your fault in a supermarket. Basically the Occupiers Liability Act applies and this Act (or law) ensures that the supermarket in question owes you a duty of care when you are in the store doing your shopping. Indeed unlawful visitors are also owed a duty of care. However the level of care owed to lawful visitors is naturally greater than the level of care owed to unlawful visitors (known as trespassers).

To be an occupier the supermarket need not even own the store, it merely needs to have occupational control of it. Therefore the term occupier is quite wide in its definition. The level of care required is set out in Section 2 (2) of the Occupiers Liability Act 1957. This reads as follows:
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By Editor
September 10, 2013

Roundabout Accident Claims when a Driver Pulls Out on You!

roundabout compensation claimsThe general rule of thumb is that if you are already established on a roundabout and another driver emerges on to the roundabout and crashes in to you, they are at fault. The driver merging on to the roundabout must give precedence to a driver already on the roundabout.

In some situations drivers could read a situation wrong and think you are turning off when you are not. If you are not indicating, they may assume you are coming off of the exit before the entrance they are emerging from. But the general rule of thumb still applies – if you are established on the roundabout and another vehicle emerges in to you, they are at fault.
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