We have recently looked at claims for injuries to drivers caused by vehicle slipping accidents in wintry conditions and now it’s time to look at claims by pedestrians in similar circumstances. Slips on premises - reasonable scope for a claim If you slipped on premises where the owner or occupier is responsible for keeping the property free from snow and ice, you may have a claim against them under the Occupiers’ Liability (Scotland) Act 1960. Slips while you are working - reasonable scope for a claim Slips due to snow and ice while at work may be covered by health and safety regulations, though you need to note the uncertainty arising from the changes brought about by the Enterprise and Regulatory Reform Act 2013. There may be reasonable prospects of a successful claim even if the accident did not occur on property belonging to your employer. Slips in the street - or "public liability" slips - poor chances of success The most common scenario, however, is where you have been out Continue Reading
Snow and Ice: Single Vehicle Accidents
We are back to that time of year when the roads in Moray and the North of Scotland are regularly icy or snow-covered. In this blog, we are looking at the chances of making a claim for personal injury where, due to the road conditions, you lose control of your vehicle on ice or snow and have an accident. The fact is these are very difficult claims to make successfully, if you were the driver of the vehicle. Difficulties for drivers in claiming successfully … As you will see from what follows, under Scots Law the relevant highway authority will virtually never be to blame for an accident caused by a vehicle skidding on ice or snow. This puts the onus very much on you as the driver to take great care when driving in such conditions – and even to think carefully about whether you should make your journey at all. … Though not for passengers If you are a passenger in a single vehicle accident of that type, you will almost certainly have a claim against the insurers of the driver Continue Reading
Helicopter Accident At Work Scenario Shows Up Inconsistencies In The Law
At the moment, we do not know the probable cause of the tragic helicopter accident in Glasgow on the evening of 29 November 2013, so the following discussion is hypothetical. It also concentrates exclusively on the application of the law to the occupants of a helicopter in similar circumstances (i.e. all persons “at work” at the time) and their relatives. In delivering an online update webinar to members of the Association of Personal Injury Lawyers (APIL) on 09 December 2013, APIL Chief Executive, Deborah Evans, has highlighted how one possible scenario for the accident could provide an example of the changes brought about by the Enterprise Act with effect from 01 October 2013. These changes affect employees’ ability to make claims for personal injury damages against their employers arising out of accidents at work and also the rights of employees’ families to claim compensation for the death of their relative in the course of their employment We have blogged about the effect of the Continue Reading
Whiplash Injuries: How They Happen
The subject of whiplash injuries continues to appear regularly in the news and in this post we're looking at the mechanism of the typical whiplash injury. The medical difficulty which exists in proving the existence and extent of these injuries means there’s always going to be doubters shouting (sarcastically) “Git ower it!” at people who claim compensation for whiplash. The Westminster Government say they are going after the “whiplash fraudsters” who invent or at least exaggerate their injuries following road traffic accidents. On the other hand, if you’ve ever suffered a whiplash injury yourself you will know what a miserable experience it can be, interfering with all areas of daily life. During Road Safety Week (18-24 November 2013), the Association of Personal Injury Lawyers (APIL) has been encouraging prevention of whiplash injuries by motorists avoiding the dangerous practice of tailgating the vehicle in front. The classic whiplash accident scenario The classic Continue Reading
