Occupiers' liability may apply where a defective drain cover causes an accident on premises In this post, we are looking at situations where you might have a claim for injury following an accident on premises owned or occupied by someone else. In Scotland, the Occupiers’ Liability (Scotland) Act 1960, requires occupiers of premises to take reasonable care for people who come onto their premises to see to it that they are not injured due to the state of the premises. While this is a statutory duty, because the obligation imposed is to take reasonable care, you still have to prove fault, as under the general law of negligence. Often this will mean it is necessary to gather evidence about how long the hazard in question had been in existence before the accident. The argument you have to counter is that, if the defect had not been there for very long before the accident, there was not sufficient time for the occupier to identify it and repair it before any accident happened and so Continue Reading
Pavement Tripping Accidents (Maximising Your Claim’s Chances)
This post covers pavement defects and hazards which can cause you, as a pedestrian, to trip and fall. A separate post deals with situations where your injuries result from slipping in conditions of ice and snow. The trip hazard (towards the bottom of the above photo, below the bracket sign after the word “chances”) on the footpath pictured above was close to the north side of the underpass at Alexandra Road (A96), Elgin, and to our offices at 1 North Street. Part of a local authority’s responsibilities If you are injured as the result of a tripping accident on a public pavement or footpath in Scotland, any claim is usually directed against the local authority. In Moray, the responsible authority is The Moray Council. In most cases, the defect in the surface will be the result of erosion over many months (by contrast, in the above case, it was due to the surface of the footpath not being properly smoothed off at the time it was laid). Where an unexpected edge which causes a Continue Reading
After the Event Insurance (Crucial for No Win–No Fee Personal Injury Claims)
After the Event Insurance is needed to protect you in case you lose your no win-no fee claim After the Event (ATE) insurance is where you take out an insurance policy after a legal problem or dispute has arisen in order to protect you against the risk of having to pay the other side’s legal costs if you lose. Why is this type of insurance important for “no win-no fee” personal injury claims? The difference between winning and losing your claim We have seen how your solicitor will get paid for their work for you on a no win–no fee arrangement if they are successful in getting personal injury compensation for you. It’s one thing to look at a winning scenario but it’s also important to be alive to the possibility that your claim might not succeed. What then? No win–no fee means you won’t have to pay anything to your solicitor for their work, if you lose. However, you could be at risk of having to pay other costs if things don’t work out in your favour. Under no win–no fee, failure Continue Reading
2 Ways Exaggeration of Injuries Can Damage Your Personal Injury Claim
Exaggerating your symptoms from injuries can damage your chances of claiming compensation Serious injuries can lead to permanent restrictions in things like your ability to work, to care for yourself and others close to you, or enjoy your hobbies. If that is what you claim following an accident, you need to realise it’s likely that all aspects of your life will end up under the microscope. Exaggeration of injuries can damage your personal injury claim. How will you be found out? Your life: nothing hidden You will be shadowed and put under video surveillance. Private investigators will stake out your home. You could be filmed in your garden, getting into and out of your car or doing the shopping. A prime time for observation is when you have to go and see any medical expert appointed by the insurers: they know exactly where you will be and at what times on that particular day. Surveillance cameras may be hand held, mounted in vehicles or in holdalls carried by Continue Reading