Archive for the ‘Occupiers Liability’ Category

Swansea Swimming Pool Child Accident Claim: Scar Calf Leg Payout Amounts

Tuesday, September 17th, 2013

UK solicitor sets out how to claim compensation if your child suffers injury in a swimming pool due to a sharp broken tile cutting and scarring the calf on the leg

Swimming Pool Accident Victim Question

I went with my daughter to the local swimming pool in Swansea. My daughter went to the baby pool area and later came running to me with a deep cut in her calf, which was bleeding badly.

I reported the matter immediately to the life guard who called for assistance. My daughter was bandaged up and explained how the accident happened.

Just on the approach to the steps into the baby pool a wall tile had broken and there was a razor sharp edge revealed – my daughter had brushed past the wall on the way to the pool and this had badly cut her.

The accident was entered into the accident book and the tile was roped off so no one could get close.

I took my daughter to hospital where she had 4 stitches – the hospital said that it is likely that the cut would leave a scar.

The council who are responsible for the pall – phoned me the next day to apologize and explained that the tile was to repaired immediately as it was sharp and a danger to others.

Can I make a claim for my daughter as she is 10 years old and if so how much compensation is she likely to receive for a cut and scar to the calf on her left leg?

Public Liability Solicitor Response

As the council are the owners of the swimming pool they are classed as the occupiers of the swimming pool premises and as such owe a duty to visitors especially children.

The tile on the pool was broken and sharp and as such a danger to your child and others. It is unlikely that the tile just broke before your daughter had her accident – it is therefore likely the broken tile had been in existence for a period of time and the council are under a duty to correctly maintain the swimming pool and tiles as well as inspect them to ensure dangers do not develop.

It seems that council failed in the duty and allowed a defect to develop and go unrepaired.

The fact that the council immediately sectioned the tile off, accepted the dangerous nature of the tile in a subsequent telephone conversation and executed a prompt repair indicates that the council accepted that a defect did exist and that it was foreseeable that the defect could cause injury.

On this basis – I believed your daughter would have a strong claim.

As she is 10 years old she could not make the claim on her own behalf, but would have to provide instructions via a litigation friend – which you as her father could be.

The amount of compensation she could recover for her cut and scar is difficult to estimate in the absence of a medical report from an independent consultant. A solicitor acting on your behalf would instruct a plastic surgeon to examine your both your daughter and her medical notes to provide an opinion as to the exact nature of her injury and the extent of her scarring.

The scarring itself can take many different forms – all affecting the amount she could claim. For example the scar might be raised or indented, cause irritation, change colour in the cold or in the sun, be clearly visible from the distance. All of these factors will play a part in determining the average payout she could recover.

Once all the evidence is available and a suitable offer made – your daughter’s claim would have to be issued at court so that a judge could agree the sum of money as being sufficient and if so have the monies paid into the court’s fund office on your daughter’s behalf until she reached the age of 18 years and can access the compensation monies herself.

Free specialist solicitor assistance with your daughter’s swimming pool scar claim

If you would like to speak to me in person free of charge about your daughter’s swimming pool accident or commence a claim online click swimming pool accident scar on leg claim compensation payout amounts.

School Playground Accident Claim: Sharp Metal Bench Cut Head Scarring

Tuesday, July 19th, 2011

UK solicitor explains how to claim compensation from a school for inappropriate and dangerous seating causing injuries to young children such as cuts and scar injuries to the head

Parent of school accident victim question

My son is age 5 and was running in the playground in his school in Glasgow in Scotland with some friends. He tripped and banged his head on the corner of a metal bench which was on the playground. On examination the metal bench was badly corroded such that the corners of the bench were sharp. It was this sharp edge which cut my son.

He was assisted by a teacher, I was called and he was taken to hospital.

His cut was very deep and required stitches and I have been told that he will be left with a 5 inch long scar.

Is it possible to claim compensation from the school?

Personal injury solicitor response

Your son is extremely young and as such it is foreseeable that such young children will trip and bang in to objects in the playground. It seems that the children were allowed to run around by the teachers, which in itself is not negligent by the school so long as the play area is safe, but clearly any seating or other objects in the playground should not pose a danger to the children.

It appears that the bench was defective and sharp at the edge, so the school could therefore be considered to be negligent in allowing such a bench to remain in the playground. It is entirely foreseeable that a sharp edge could cut a child in the manner suffered by your son.

To determine how much compensation your son can claim for the scarring – an independent report from a plastic surgeon is necessary, such report should be commissioned by a specialist school accident solicitor on your behalf.

The plastic surgeon will look at the extent of the scarring, whether it is raised (hypertrophic), is more visible in the cold or the heat, whether it causes irritation and whether it will improve with time.

Based upon this report your solicitor will be able to determine how much compensation your son should be entitled to claim. Click scarring accident claim to see the amount of compensation you can expect for a scarring injury.

In addition, as your son is a child under the age of 18 years – he is considered a minor in the eyes of the law requiring a barrister’s opinion to confirm the correct amount of compensation has been offered.

If the school settles your claim – the court must be involved to authorise the settlement and will retain the monies on your son’s behalf to be invested in the court’s fund office until the child reaches the age of 18 years.

Should you wish to proceed with making the claim click child claim solicitor and I will assess your claim online or call you back free of charge to discuss your son’s accident claim.

Carbon Monoxide Poisoning Compensation Claims From Defective Heating Systems

Thursday, November 18th, 2010

How to claim compensation if you suffer carbon monoxide poisoning in rented or housing association accommodation

Accident victim question

I just recently started to rent a house from a housing association which has gas central heating and noticed that I was becoming dizzy – I called an ambulance and was taken to hospital and diagnosed with carbon monoxide poisoning.

I have since found out that my landlord did not have an annual gas safety certificate and that the heating system had not been properly maintained – can I make a claim?

Specialist solicitor response

It is a criminal offence for a landlord not to properly maintain gas appliances and to have an annual gas safety certificate produced by a CORGI approved engineer.

At the commencement of the tenancy the housing association should have provided you with a copy of the gas safety certificate.

Carbon monoxide poisoning (also known as CO poisoning) is a very real risk to tenants if gas appliances are not proerly maintained.

Many people have been killed by carbon monoxide.

You would have a strong claim against your landlord – the housing association. The amount of compensation you can claim would depend on the severity and long term effects of your carbon monoxide poisoning.