Imagine you've been cutting grass with a self-propelled rotary petrol mower - like the ones shown in various images in this article. (You don't 'push' such lawnmowers. They are propelled along by their engines). You stop the engine to adjust the height of the blade. While you're doing that, completely without warning and unexpectedly, the motor restarts of its own accord. The blade spins into action and you suffer serious injury to your hand as a result. Statistics from the USA show that there was an average of about 85,000 lawnmower-related injuries annually in the period 2005 to 2015. The most commonly injured body parts were the hand/finger (22%) followed by the lower extremities (i.e. toes) (16%). Men were more than 3 times as likely to be injured as women. The annual number of lawnmower-related injuries showed no decrease during the period 2005 to 2015. The purpose of this article is to highlight a particular risk associated with petrol-driven Continue Reading
Avoiding accidents or minimising their effect
The articles below deal with issues of a "health and safety" nature. They cover ways in which you can protect yourself in such a way that you will minimise the risk of an accident happening in particular circumstances and/or - if an accident does occur - reduce your risk of serious injury.
Why it’s worth knowing about Cauda Equina Syndrome
Cauda equina syndrome (“CES”) is a medical emergency. Any delay in diagnosis and treatment of CES can result in life-changing physical disability and psychological injury. What is cauda equina syndrome (CES) exactly? CES is an uncommon but serious neurological condition. It is caused by compression (i.e. squeezing) of a bundle of nerve roots at the base of the spinal column. Cauda is Latin for tail and equina is Latin for horse (ie, the "horse's tail"). The seat of the problem is around where your tail would connect to your body, if you had a tail. The ‘cauda equina’ nerves provide feeling to, and enable control of, the bowel, bladder, anal and genital areas. Also, the legs and feet. So it all sounds quite crucial, doesn't it? Compression of these nerves - say, as a result of a slipped disc or lower back injury - puts the injured person at risk of permanent disability. Someone with suspected cauda equina must be referred for urgent assessment. Typically, this Continue Reading
Encouraging child road safety awareness
Nearly two-thirds of parents do not think their children have a good understanding of the dangers or concentrate properly near roads That’s one of the findings of a YouGov survey commissioned by the Association of Personal Injuries for Injury Prevention Week 2020. In the UK-wide study, parents of school-age children were asked to think about how confident they are about their child or children’s road safety awareness. The child road safety survey results are as follows. 12% of parents are very worried about their children’s safety17% of UK parents think their children know the rules but don’t concentrate when near roads36% said they have some understanding of the dangers The remainder said their children have a very good understanding of the dangers – which is great - but we want to address the near 2/3rds of parents who are not so confident. Your biggest helper comes in the form of the Green Cross Code. Arguably, it’s as important for children to learn as Continue Reading
Pocket that phone and help prevent needless injuries on the roads
It does not look the sort of road you would expect to see a pedestrian try to cross. Other than at traffic lights. Or using a bridge or underpass. Viewed through the dashcam of the slow-moving car in queuing traffic, we can see it’s an urban environment. The road has 4 lanes in each direction (we’re in the 3rd lane). A continuous concrete barrier about 4 feet high forms the central reservation. A young woman steps off the pavement to our left and begins crossing from left to right – for her, crossing the first half of the road. She’s on her mobile. She’s holding it up to her right ear. We can see her left hand gesturing as she chats. The field of view is distorted by the wide angle lens of the dashcam – it makes things look further away than they are in fact. As the woman crosses in front of our vehicle, she bows slightly to thank us for making room for her to pass through. The outside lane to our right has been empty throughout the 8 seconds or so since she Continue Reading
Do you know how to tell if a car is about to reverse?
Once we know something, we find it difficult to imagine what it was like not to know it. This is known as the Curse of Knowledge. Here’s an example. In a 1990 experiment, pairs of people had to try to identify 120 well-known songs – e.g. Happy Birthday to You. One of them was to tap out the rhythm on a table and the other had to guess the song from that rhythm alone. On average, the listeners guessed only 3 out of 120 songs – a success rate of just 2.5%. Startlingly, though, when the tappers were asked to predict how many of the songs the listeners would guess, they reckoned the odds were 50/50 (50%). The tappers got their tune identified 1 time in 40, but they thought it would be 1 time in 2. Of course, the tappers were hearing the tune in their heads as they tapped. They couldn’t imagine what it was like for the listeners to hear isolated taps – more akin to Morse Code – rather than a song. The tappers’ knowledge had “cursed” them. In road safety terms, it Continue Reading
Overcoming urgent problems if a loved one is incapacitated by an accident
When someone is seriously injured in an accident, the effect does not stop with that person. In order to get a person’s life back on track after an accident, their family may need a lot of support too. Problems can pile up quickly. If the injured person is incapacitated – maybe in a coma – the rest of their family may soon be in crisis. How are your bills going to be paid? How are your children going to cope? Particular issues which can cause overwhelming strain include the inability to get access to the incapacitated person’s bank account in order that the day-to-day running of the family household can be maintained. These are problems you can plan for. And, even if you have not planned, there are still things you can do to overcome the difficulties. In this article, we’ll look at what you can do to plan for unexpected events such as this. We’ll then go on to look at what options you have to recover the situation if you need to try to sort things out after such a Continue Reading
Prevention of needless injuries (the APIL manifesto)
How many accidents are there in the UK each year which cause injury to people? One estimate is 1.6 million – totalling up harmful incidents across workplaces, hospitals and on the roads. (There were 560,000 casualties on the roads in 2018). All of these are preventable injuries. Yet they can have permanent, life-changing consequences not just for the injury victims but also for their families. On the other side of the picture, the wrongdoer who caused the injuries – an employer, the NHS, a business, a local authority – can suffer damage to reputation as well as financial cost. Every year, the Association of Personal Injury Lawyers (APIL) hosts Injury Prevention Day. It encourages us all to think about ways we can adjust our conduct to minimise the risk of harm to others (e.g. avoiding tailgating the vehicle in front if we are driving). Everyone has a part to play in reducing accidental injuries but, for maximum effectiveness, the lead has to come from government. It is our Continue Reading
Failing to wear a seatbelt (A problem on the increase?)
The all-time best-selling album of piano music is The Köln Concert by Keith Jarrett. It was recorded at Cologne’s Opera House on 24 January 1975 before an audience of about 1400 people. It’s the best-selling solo album in jazz history (with sales of more than 3.5 million). An astonishing display of improvisational melody and musicianship. Yet it almost did not happen. The piano provided for the late-night performance was sub-standard. Its bass notes were muffled and its high notes tinny. Jarrett himself was suffering from flu. He almost drove off into the night, leaving the first-time, teenage concert promoter, Vera Brandes, to “face the music” of a disappointed and possibly irate public. But he didn’t. Taking pity on Vera – “doing it just for her” – he took a chance and produced one of jazz’s most iconic performances. Risk-taking does not always have good consequences, of course. Failing to wear a seatbelt does not cause a collision but, if a collision occurs, Continue Reading
Avoiding Child Pedestrian Accidents
School crossing patrols stopped in Moray from 20 August 2019. Meaning no more lollipop people to guide our children across the roads. We have to hope that the publicity this controversial Council cutback has received will mean all drivers will take extra special care when in the vicinity of any Moray school. In this article, we will consider 3 matters in relation to pedestrian road traffic accidents involving children. Firstly, we will consider the evidence about road safety measures such as school crossing patrols and why they provide useful benefits. We will then go on to look at the relative duties of drivers and child pedestrians and what scope there is for some of the blame falling on the injured child (contributory negligence). Finally, by means of an example, we will examine the issues that can arise along with contributory negligence, including possible shifting of blame onto a parent who has not taken proper care for their child's safety (in letting them out alone Continue Reading
If you were not wearing a cycle helmet can you still claim for personal injury?
The law in the UK does not require pedal cyclists to wear a helmet. What this means is that you won’t be stopped by the police if you fail to wear a cycle helmet. You won’t be prosecuted under the criminal law. On the other hand, Rule 59 of the Highway Code categorises cyclists as vulnerable road users and advises that cyclists ‘should wear a cycle helmet which conforms to current regulations, is the correct size and securely fastened’. The Highway Code is relevant to both criminal and civil law. Claims for personal injury compensation are civil claims for damages, so the Highway Code is relevant. Many cyclists ride without a helmet. Only just over a third of cyclists using major urban roads wore cycle helmets, according to research findings of the UK’s Transport Research Laboratory in 2008. Equivalent research in Germany apparently showed that only 11 % of cyclists in towns and cities wear a cycle helmet. Cycle helmets have to comply with a European standard. This Continue Reading
When not wearing a seatbelt will not reduce your personal injury compensation at all
The modern car seatbelt was invented by a former aviation engineer, whose experience included working on ejector seats. By 1959, cars had seatbelts but only two-point waist restraints. In a car accident, this often did the wearer as much harm as good. Volvo engineer, Nils Bohlin, created a design which anchored the straps low beside the seat. This meant that the geometry of the belts formed a “V” - pointing at the floor – and that the belt would remain in place and not shift under sudden loading. Such a significant advance in driver and passenger safety could have netted Volvo a fortune on the patent. Instead, they gave it away. They decided that the invention was so revolutionary that its value should not profit their company but be a free, life-saving tool. In the world of personal injury claims, if you fail to wear a seat belt and are injured in a road traffic accident, you don’t expect to be free from blame. As we’ve examined elsewhere on this website, UK personal injury Continue Reading
Why Walking on National Speed Limit Roads during the Hours of Darkness is such a Bad Idea
Most of us did this experiment in school Science class. Using a 30cm ruler, one person holds it at the “30” mark and lets it hang down vertically. Their partner (person 2) puts the thumb and first finger of one hand at either side of the “0cm” mark on the ruler. Person 2’s fingers should almost touch the ruler, but not quite. Without warning, person 1 lets go of the ruler. Person 2 tries to stop the ruler’s descent as quickly as they can, by closing their finger and thumb together. You record the level (in cm), just above person 2’s finger, where the ruler was caught. You repeat the test five times and work out the average “catch distance” for the person. A conversion table allows you to translate the distance along the ruler into a reaction time, in milliseconds (thousandths of a second – i.e. one second is a thousand milliseconds). According to one such table, the first centimetre (“0cm – 1cm”) equates to 50 milliseconds. It then increases by 10 milliseconds per Continue Reading