Injury Compensation News

Couple Launch Investigation Into Food Poisoning

September 24, 2016

A British couple have consulted personal injury solicitors concerning food poisoning that they suffered whilst on a package holiday in Crete.

In August 2015, William and Leanda Kidley went on holiday to Crete on an all-inclusive holiday package at the three-star Katrin Suites Resort in Stalis. Towards the end of their stay, William – who works as a Transport Support Manager – began to come down with flu-like symptoms, which developed into diarrhoea upon their return to Cheshire.

William then visited his GP, who referred him to the Warrington General Hospital for diagnostics. The tests conceded that William was suffering from campylobacter food poisoning, and he was then admitted to hospital. Despite a week-long stay at the hospital, William has yet to achieve full recovery.

After the diagnosis was made, the couple consulted a personal injuries solicitor as they believed that the standard of hygiene at the resort was the direct cause of William’s illness. The solicitors will not investigate whether or not the couple have a valid claim against Thomas Cook, the company with which the couple booked the stay, trading as FlexibleTrips.

The Cheshire couple told their solicitors that they regularly saw flies around the chilled food provided to them, and that many of the other foodstuffs were left out in the open all day. Additionally, they claim that much of their food was undercooked. The tour operators have already stated that, if a definitive connection can be made, they will compensate William for his illness.

Leanda, speaking to her local press, has commented that “The last thing we ever expected when we booked the holiday was for either of us to end up in hospital going through tests to find out exactly what was wrong. William missed time off work because of the problems he was having and it took him a long time for his stamina to improve and even now he has not made a full recovery.”

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Woman Compensated for Cycling Injury

July 11, 2016

 

A young woman, who was injured when the brakes of a rented bike failed to work, has been awarded a settlement of compensation.

The accident occurred in July 2013 when Phyllis Bright, aged twenty-one from Lincoln, was visiting the Peak District with her boyfriend. The couple decided to cycle around the area and rented bicycles from the National Park Authority’s Fairholmes visitor centre. They then set off towards the Upper Derwent Valley.

Yet as they were cycling downhill towards the Abbey Brooke Bridge,  Phyllis – who is training as a student nurse – noted that the brakes were not working. As such, to avoid crashing into a stone wall, she jumped from her bike and hit the ground at speed.

As a result of her fall, Phyllis suffered extensive cuts and bruises to her upper body and limbs, as well as injuries to her jaw. She was immediately taken to the Northern General Hospital in Sheffield for treatment.

During her recovery, Phyllis sought legal counsel and proceeded to make a claim for personal injury compensation against the Peak District National Park Authority. In the claim she alleged that the rental bike was not adequately maintained. The organisation conceded liability and proceeded to offer the student a four-figure settlement of compensation.

After the announcement of the compensation settlement, Phyllis commented that “I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority. Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. The accident has left me with a number of scars that act as a long-term reminder of what happened and I really struggled to eat and sleep afterwards.”

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Negotiations Resolve Farmyard Injury Claim

April 11, 2016

A woman, who was seriously wounded in an attack by a bull that left her husband fatally injured, has received an undisclosed settlement of compensation.

The accident occurred in late 2010, when Glenis and Roger Freeman were walking on a public path that lead through a privately owned farm, the Underhill Farm, on Stanford-on-Soar in Leicestershire. As they were walking, they began to be followed by a herd of cows – quickly realising that there was a bull amongst them. The couple quickened their pace, but the bull still attacked.

Glenis, though injured, managed to crawl to a nearby road and wave down a passing car for help. An ambulance was called to the scene, and first aid was administered before the couple were transported to the hospital. When she arrived, Glenis was put into a medically-induced coma as she was treated for a ruptured spleen and fractures to her wrist and ribs. When she awoke, she learned the tragic news that her husband had not survived the attack.

An investigation ensued into the circumstances of the accident, and the owner of Underhill Farm – Paul Waterfall – was charged with gross negligence manslaughter. In 2014, the Nottingham Crown Court acquitted him of the charges. However, Glenis had already sought legal counsel and planned to make a claim for the injuries she had suffered during the attack. This was for both her physical wounds and the emotional trauma incurred.

Negotiations began between the parties, and an undisclosed settlement – described by Glenis’ lawyer as a “significant sum” – was agreed upon.

Once this was announced, Glenis said whilst speaking with her local paper that “the trial was extremely distressing and I was particularly upset with the not-guilty verdict. I hope that the settlement of this case goes a long way to stop this ordeal happening to anyone else. If only there had been a sign up saying there was a bull in the field, we wouldn’t have gone into the field, and Roger would still be alive today. All farmers should follow the HSE recommendation and put up a sign. As it is, this settlement has shown that farmers can be found liable if they do not show a duty of care to the public.”

 

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Compensation Sought for E-Cigarette Fire

April 5, 2016

A man has begun legal action seeking compensation for burns he sustained after the battery of his e-cigarette caught fire in his pocket.

The man, Colin Crow from Levenshulme in Manchester, was out with his friends in Sheffield ion the 30th January when the accident occurred. The thirty-two year-old had kept his e-cigarette in the pocket of his jeans, but suddenly the e-cigarette exploded, leading eye-witnesses to believe that a firework had been lit.

First aid was administered by the staff and an ambulance brought Colin to the Norther General Hospital in Sheffield. There, Colin was transferred to the burns unit and was treated for burns to his left thigh, knee, calf and hand, which had been injured as Colin tried to extinguish the fire.

Colin, an economic consultant, was unable to return to work because of his injuries. He suffered a temporary loss of movement for a period after the accident, and Colin still walks with pain. Whilst recovering, Colin sought legal counsel concerning compensation for his injuries.

Though any lithium battery has the potential to explode because of overheating, the risk is substantially increased if the quality of the battery is low. Should it be proved that the battery sold to Colin did pose a risk to him when it was sold, he may claim compensation under the Consumer Protection Act 2987 or the Consumer Rights Act 2015.

Speaking to Manchester Evening News, Colin’s solicitor has commented that  “This is the latest is a series of incidents in which e-cigarettes have caused extensive burns after exploding in people’s pockets and it is clear that an urgent investigation is needed to determine if more should be done to protect the users. We are now investigating exactly what caused his device to explode as we seek to help him overcome what happened”.

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Carer Injured in Lift Shaft Receives Compensated

January 11, 2016

A Welsh care worker, gravely injured in a workplace accident after a lift malfunctioned, has received a five-figure settlement of compensation.

The accident occurred when fifty-two year-old Carol Conway was working at the Pontcanna House Care Home in Cardiff on the 6th March 2012. Acting as a care assistant, Mrs Conway was helping a ninety-six year old resident, Mrs Lewis, from her room on the second floor to the ground floor, where the facilities for breakfast were located.

The pair were waiting at the lifts when they heard the sound indicating the lift had arrived at the floor. Mrs Conway unlocked the door using her keys and reversed Mrs Lewis’ wheelchair into the lift. Yet a known fault in the system meant that the floor of the lift had not arrived to the level when the rest of the compartment did, causing both Mrs Conway and Mrs Lewis to fall down the lift shaft, a distance of 6.3 metres, until they hit the ground floor.

Tragically, Mrs Lewis died from her the severe injuries she had sustained. Mrs Conway – who had been rendered unconscious from the fall – had fractures to her back, her ribs and her foot whilst also suffering a punctured her leg.

An inquest was launched into the circumstances of the accident, which found that the owners of the care home – Shirwan and Nasik Al-Mufti – had already been warned that the lift system was not working correctly and as a result should only have been used in emergency cases. Despite the warning, staff at the care facility were allowed to use the emergency access keys to override safety mechanisms and open the door manually.

Last year, Cardiff Crown Court fined the owners £75,000 for breaching health and safety regulations. They were also told to pay £25,000 in costs after prosecution by the Health and Safety Executives.

Mrs Conway subsequently proceeded to make a compensation claim for the accident after liability was determined. Negotiations ensued between the parties, and resulted in Mrs Conway receiving an undisclosed five-figure settlement. Speaking to the local press, Mrs Conway stated: “I was awarded compensation “but money will never change that terrible day. I think about it constantly. My heart goes out to May and her family. I am so sorry she died the way she did – it´s tragic”.

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Injury Sustained at Food Packaging Factory Results in Fine for Company

April 4, 2015

A fine of £10,000 has been issued to a company situated in Gateshead after a staff member was injured at the factory.

The employee, who has remained anonymous, was injured on 22nd of November 2013 as they were preparing packaging in the Integrated Packaging Ltd facility in Gateshead, Tyne and Wear. The trainee was endeavouring to switch two belts of the cutting machine as it was in operation.

The thirty-year-old employee’s finger got caught in the machine between the feed belt and the drive roller. The incident caused the man to lose the upper part of the index finger on his right hand. The employee was taken to hospital, where operations were carried out on his hand. Despite returning to work two months after the incident, the employee reportedly still experiences difficulty with fine motor movements.

Inspectors from the Health and Safety Executive (HSE) carried out an investigation of the incident, noting that there was no guard to ensure digits did not get caught in the gap between the drive roller and feed belt. The employee was also not informed of other safety procedures regarding the size of the carton material he was working on, and that the machine should have been turned off before the belt-switching procedure was carried out.

Integrated Packing Ltd had already received a notice in 2007 when inspectors found that they failed to adequately train employees regarding safe use of the machines. In 2009, a comparable incident saw that the company was prosecuted after inspectors found that there was no guard to prevent injury in a cutting machine similar to the one being investigated in the current case.

Integrated Packing Ltd plead guilty to the charges brought against them for breaching the terms of Section 2(1) of the Health and Safety at Work etc. Act 1974 regarding the lack of proper instruction, information and supervised training of its employees. The Gateshead Magistrates Court fines the company £10,000, in addition to costs, for their negligence in the accident.

A inspector for the HSE, Natalie Wright, has stated that the incident could have been prevented if the company had taken reasonable measures to ensure the safety of its employees using the machine.

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Compensation Claim for Leisure Centre Injury Settled Through Negotiations

March 5, 2015

A compensation claim put forward after a serious injury in a leisure centre has been settled out-of-court for the sum of £1.3million, Teeside Crown Court hears.

The injury occurred during an outdoor personal training session on June 7th, 2013, attended by Mauro Caneiro, forty-six and a company director from Eaglescliffe, Co. Durham, at the David Lloyd Leisure Centre in Stockton-on-Tees. Mr Caneiro’s personal trainer used D-ring apparatus with carabineer clips to secure three fitness resistance bands to a fence post. The entire set-up was then enforced with a nylon webbing strap.

Mr Caneiro was then instructed by his personal trainer to kneel on a stability ball whilst pulling the resistance bands towards his body. However, whilst Mr Caneiro was carrying out the movement the nylon straps broke and the resistance bands recoiled towards the victim. The carabineer clips and D-ring that had previously connected the apparatus to the fence post hit the customer in the face, causing serious injuries to Mr Caneiro. As a result of the incident he was left permanently blind in his left eye and substantial loss of vision in his right eye, and now only has partial sight in that eye.

The victim received medical attention after the accident, and sought legal advice from a solicitor regarding the course of action he should take to receive compensation for the incident. Mr Caneiro then made an injury claim against the David Lloyd Leisure Limited, believing that the centre had neglected to carry out a comprehensive risk assessment on the outdoor activity he partook in to ensure that no injury would ensue from the activity.

The case was heard at Teeside Crown Court, where representatives for the the defendant pleaded guilty to the charges brought against them, but contested the level of accountability assigned to them. David Lloyd Leisure Limited conceded liability for the injuries sustained by their customer, Mr Caneiro, and settled the compensation claim for £1.3million. The hearing was adjourned until May 15th to allow the degree of culpability assigned to the centre, which may affect the sentence handed down to the leisure centre for the incident.

 

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Nursing Home Fined for Death of Resident from Scalding Injury

September 30, 2014

A fine has been issued to the Greencroft Nursing Home in Queensferry, Flintshire after an elderly woman dies after sustaining serious scalding injuries whilst in care at the home.

The incident occurred on the 29th August 2012 after Beatrice Morgan sustained scalding burns at her nursing home, Greencroft Nursing Home, as she was being assisted into her bath. Mrs Morgan alerted the nurses assisting her immediately with screams of agony, and despite the quick actions of the staff, Mrs Morgan still suffered from nine percent burns. She was taken to seek medical attention at Whiston Burns Unit.

However, Mrs Morgan tragically died of complications resulting from her burns. An investigation by the Health Service Executive (HSE) ensured to review the circumstances surrounding the victim’s injuries. The HSE uncovered that the staff failed to adequately control and monitor the water’s temperature such that it did not exceed the safety level of forty-four degrees Celsius. Additionally, no risk assessment was carried out by the nursing home to ensure the safety of those in their care, and the staff lacked the necessary training.

Greencroft Care Ltd were prosecuted by the Health Service Executive for the scalding injury, yet the company had gone out of business by the time the case was to be heard at the Flintshire Magistrate Court. District Judge Gwyn Jones oversaw the hearing, and stated that the standard of care at the former nursing home had fallen below adequate standards.

Despite denying its breach of safety regulations, Greencroft Care Ltd neglected to attend the aforementioned hearing. This did not prevent it being found liable for the scalding injury sustained to one of its residents, and was fines £5,000. However, Judge Jones admitted his doubt that the fine would ever be paid since the shutting down of the company. He also stated that the case would have been sent to the Crown Court had the company not been in liquidation.

HSE Inspector Katherine Walker stated after the hearing that Mrs Morgan’s death from scalding injuries could have been avoided had her nursing home simply practiced established guidelines with regards to the safety of their residents.

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Review of PPI Settlements Ordered by the Financial Conduct Authority

August 31, 2014

The Financial Conduct Authority (FCA) has decided that a review of PPI settlements from 2012/2013 needs to be carried out to ensure customers were adequately redressed.

The order follows a bout of recent allegations that claims for PPI compensation during the time period were rejected without cause, undervalued and miscalculated. The review ordered by the FCA will investigate PPI settlements that concern over two and a half million claims. They state the review is to ensure that compensation claims made by customers were handled properly and that adequate compensation was paid out. Undercover reporters for The Times printed an article stating that many PPI claims for refunds were unjustifiably rejected; during a training session as a claims handler, they were told that those making claims would often fail to pursue their claim after it had been initially rejected.

That article was followed by an investigation by the BBC, which allegedly discovered cases of miscalculated PPI claims. Credit providers neglected to include charges incurred by insurance premiums when calculating refunds, and “comparative redress” policies used by Lloyds Banking Group underpaid customers sold a PPI policy with one premium.

The Financial Services Ombudsman has received a considerable volume of complaints surrounding the issue, and after investigating any legitimate complaints, over two-thirds of the cases result in a reversal of the banks’ decisions. This serves to confirm any suspicions by the FCA that banks are handling PPI claims unfairly and are deliberately underpaying or rejecting customers without cause.

The Chief Executive Officer of the FCA, Martin Wheatley, has asserted his belief that the review is a “positive move”. He claims the scandal in unprecedented, and believes the review will assist efforts to rekindle trust between consumers and financial institutions.

The result of the current review will map out the necessity of any future reviews. Any customers who have been affected by the mis-selling of PPI should have been sent information pertaining to the review and the investigation of their claim. Anyone who has not yet received such advice, but has lodged a claim for a PI refund during the years of 2012/2013 should seek legal advice.

 

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Woman Bitten by Dog Receives Injury Compensation

July 7, 2014

A woman that sustained injuries after being bitten by a dog whilst trying to protect her own two dogs has been awarded £15,000 in injury compensation.

The incident occurred when Rebecca Lambert, forty-one of Rotherham in South Yorkshire, was out walking her two small dogs – a west highland white terrier and a beagle-pug (“puggle”) mix. As she was walking, a bull terrier dog that was not on its lead came towards her. The dog’s owner attempted to shout a warning to Ms Lambert that his dog may be hostile, but before she could act and attempt to bring her dogs to a safer location, the bull terrier bit her young puggle.

As Ms Lambert attempted to save her dog and free it from the jaws of the larger bull terrier, the other dog’s owner hit his pet with a stick, which snapped upon impact with the animal’s back. It took fifteen minutes to free the puggle, during which Ms Lambert sustained puncture wounds from the dog’s teeth, scratches, and cuts to her face, legs and forearms.

The emergency services were called to the scene, and the puggle pup was rushed to the veterinarians for emergency surgery. The owner of the vicious bull terrier fled the scene with his dog, but after a police investigation was found and charged with breaching the Animals Act of 1971. This resulted in the euthanasia of the bull terrier.

Ms Lambert subsequently made a claim against the owner of the bull terrier for her dog bite injuries, claiming that he knew the dangers his animal posed to others and cited his failure to restrain the animal to prevent it harming others. The owner admitted liability for Ms Lambert’s injuries, and a settlement of £15,000 was decided to compensate for physical injuries, emotional trauma and veterinary care costs.

Ms Lambert’s solicitor stated that approximately 6,000 people a year suffer injuries from dog bites, yet vanishingly few realise that they are entitled to make a claim for compensation against the owner of the offending animal. This also includes instances where injuries have been inflicted whilst the victim is in the home of the animal’s owner.

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