As we get ready to welcome in 2019, everyone is in party mood and looking forward to the festivities. The wind is howling, the temperature has dropped, last minute party preparations are underway and all the Christmas presents have been unwrapped. Amidst all the euphoria of Christmas and New Year we will start to see the first trickle of personal injury claims. This is the time of year when dreams are dashed, injuries received but many people just take this on the chin and don’t pursue rightful compensation claims.
Weather Damaged Roads
The subject of potholes has been a serious bone of contention during 2018 with councils unable to keep up with the repair and maintenance of highways and byways. The chances are you will have run over a pothole on your way to the shops, coming back from work or dropping the family off at a New Year’s party. It can be difficult to know what constitutes a valid claim for pothole damage/injuries and general wear and tear.
Some of the more common issues caused by potholes include:
- Damaged suspension
- Broken steering rack
- Tyre damage
- Collisions
These are serious problems which should be addressed as soon as possible because ultimately they can lead to your vehicle being unsafe to drive. If you were stopped by the police and they inspected your vehicle, even though the damage was no fault of your own, you could be in serious trouble, driving a vehicle which is not roadworthy. The authorities would have no second thoughts pursuing you through the courts.
If you suspect some form of damage as a consequence of driving over a pothole, you should:-
- Check the vehicle as soon as safely possible
Make notes of about the damage and location (photographs if possible) - Report the pothole to your local council
Repair your vehicle - Lodge a claim
- Appeal if initial claim is unsuccessful
As you might expect, pothole damage is one of the more common areas of the personal injury claims market which attracts fraudulent activity. Therefore, you can probably expect your local council (or the highways department for main roads) to make life a little difficult and test your will to pursue a claim to the very end. In reality, if the damage on your vehicle can be directly associated to general pothole damage, and is inspected by an independent third-party garage, you stand a good chance of receiving compensation.
Motorbikes And Cycles
When considering pothole damage, many people fail to appreciate the fact this is not only applicable for vehicles but also motorbikes and pedal bikes. Over the years we have seen some horrendous accidents as a consequence of potholes with motor bikers and cyclists often thrown into the air. Aside from the damage to their vehicles, many have quite literally been saved by their safety helmets which should be worn as a matter of course whether driving a motorbike or a pedal bike. The claims procedure is exactly the same for a motorbike or pedal bike incident although there is a good chance that in more serious accidents the vehicle may not be repairable. However, claims for some injuries received as a consequence of pothole accidents can be extremely large.
It is also worth noting that by not pursuing valid compensation claims for pothole injury/damage, councils and the highways department are not being held to account. History shows that the threat of significant pothole compensation claims in the future tends to focus the minds of these public bodies to make the necessary repairs.
Faulty Gifts
In the run-up to Christmas and New Year, consumers spend literally hundreds of millions of pounds on gifts for friends and family. Unfortunately, due to a mixture of substandard manufacturing, damage and unclear instructions we have seen instances where faulty gifts have caused injury and damage. There are a number of issues to consider when claiming for damage/injuries caused by faulty gifts such as:-
- Did you follow the instructions to the letter?
- Did you use the correct fuse, plug, adapters, etc for electronic equipment?
- When assembling bikes and other items, was this done correctly with all parts checked?
- Many products have various warnings, were these considered?
As you would expect, manufactures and retailers will often revert to the user guide/instructions and various small print warnings. However, this does not mean that you should not expect any product (whether bought in a clearance sale or at full price) to be anything less than safe to use. We have also seen issues in the past where unhelpful user guides have been dismissed by the courts when consumers are pursue compensation for injuries/damage. This is aside from any reimbursement or replacement item you can expect when approaching a retailer.
In the event of a valid compensation claim there are a number of potential paths which could be taken:-
- The retailer may accept full liability and offer full reimbursement and compensation
- The claim is often referred to the manufacturer to see whether there is an underlying fault
- On occasion you will see split liability agreed between the retailer and the manufacturer
In the event that the retailer, manufacturer or both accept a level of liability there is every chance that you can pursue a successful compensation claim. You will need the obligatory detail, photographs and as much proof of damage/injuries as possible to strengthen your case. When alerting retailers/manufacturers to potential problems you may actually help to avert similar incidents in the future.
Injuries At New Year Parties
There is no doubt that Christmas and New Year attract some of the more vibrant and lively celebrations of the year. Pubs and clubs are full to capacity, private parties are becoming more and more popular but unfortunately the number of injuries seen at New Year’s parties has also increased. It is worth noting that staff, as well as customers are afforded a level of legal protection at New Year’s parties.
Some of the more common scenarios associated with commercial New Year’s parties include:-
- Illegal overcapacity as venues look to maximise their revenue
- Failure to clear up spillages in an “acceptable” timescale
- Lack of appropriate warning signs
- Failure to control crowds which can lead to crush injuries
- Substandard security and failure to address violent outbursts
Unfortunately, even though this is the time to be merry and enjoy seeing in the New Year, many people will start 2019 with an array of injuries including:-
- Concussion
- Broken bones
- Lacerations
- Crush injuries
- Head injuries
This brings us to another important point, that of medical attention and swift action. In the event of an injury it is essential that the victim receives treatment as soon as possible to avoid further complications. This may include on-site treatment or a request for assistance from the emergency services. The best way to control trouble at commercial New Year’s Eve parties is to address potential flashpoints as soon as possible and remove troublemakers from the scene.
We often hear of victims deciding not to pursue compensation because they were “inebriated”. Even those who may be described as “drunk” while suffering an injury could still be legally entitled to compensation. Granted, the level of compensation may be reduced if they were deemed partially responsible but any other negligent party may at least be partially liable.
Private Parties
While the vast majority of the New Year’s Eve parties are held on commercial premises, we have seen a growing number of private parties. Even though these events are deemed “private” all of those in attendance should still expect a degree of protection and appreciation of their safety. Just because it is a private party does not mean the host/other attendees may not be held liable in the event of damage/injuries as a consequence of negligence.
Pursuing Compensation
As we touched on above, whether looking at weather related claims, faulty goods causing injury/damage or an over lively New Year’s Eve party, there will be many compensation claims made in the New Year. The courts will also be well aware that the festive period can be expensive and place a strain on household budgets. In some cases this has prompted what are often described as “borderline” compensation claims – although some would describe these as fraud. However, if you have a valid compensation claim you have every right to pursue this but ensure that you have sufficient evidence to-hand.
You could argue that those who do not pursue valid compensation claims are doing an injustice to themselves and other potential future victims. We know that the threat of financial penalties and compensation tends to focus the minds of businesses, individuals and public bodies. Only then will they address flaws in their systems/products to the benefit of everyone. It is not just about the money!
