Successful injury compensation claim for daughter of woman injured by Tesco door

Category: Public Liability — Written By Injuries Direct — March 11, 2010

Supermarket giant Tesco has settled an injury compensation claim with the daughter of a woman who died shortly after she was injured by an automatic door.

Margaret Buxton, 84, died just months after suffering terrible injuries when her leg became trapped in the sliding door at a Tesco store in Nottingham.

The supermarket chain admitted liability for her injuries and agreed to make an out-of-court settlement with Mrs Buxton’s daughter, who made a claim on behalf of her mother.

After the door shut suddenly on her, Mrs Buxton suffered a large blood clot as a result of a cut to her leg. She also needed a skin graft from her thigh and underwent this operation in May 2008.

It’s believed that Mrs Buxton’s health deteriorated rapidly following this operation, and she was brought back into hospital again in November after she was found collapsed in her home. She died on the 6th December.

Compensation claim solicitors
for the family said: “She suffered terrible injuries from the accident as a result of the faulty automatic doors which shut unexpectedly and forcefully, exposing an elderly lady with existing medical conditions to severe pain, suffering and distress.”

Thomson holidaymakers to make compensation claims after virus outbreak

Category: Public Liability — Written By Injuries Direct — March 9, 2010

A number of holiday makers are acquiring the services of compensation claim solicitors after falling ill onboard a Thomson cruise liner.

As many as 70 legal claims could be made against the tour operator by people who argue that hygiene standards were not up to scratch on the ship.

The passengers were travelling on the Island Escape over the Christmas and New Year period when an outbreak of norovirus spread around the ship. This caused many people to fall ill with vomiting, diarrhoea and fever.

Leicester couple Shaun and Elizabeth Shields fell ill with norovirus on the week-long cruise around the Mediterranean; something which they blame on the dirty conditions onboard the boat.

Mr Shields said: “If this had happened before, then I think we should have been notified and asked if we still wanted to go, but instead we were just flown out to Tenerife. I was told at one point there were over 300 people that had been ill.”

When the couple contracted the virus, they were quarantined in their cabin for two days to prevent any further spread of the illness, before being cleared with all other passengers for a full sterilisation to be carried out.

Thomson has disputed the compensation claims against them, stating that many customers have had a good time onboard the Island Escape. A spokesperson said: “We are very confident that guests due to travel onboard the Island Escape in the future will experience the excellent levels of quality and standards they expect from an Island Cruises ship.”

Visit our holiday accident compensation claims page for details if you have been in the same situation.

Potholes cost council £600,000 for compensation claims

Category: Personal Injury, Public Liability — Written By Injuries Direct — March 3, 2010

Cumbria County Council has spent £600,000 over the last four years fighting numerous compensation claims for road pothole damage.

The cold weather over the winter has further worsened the problems of the already fragile Cumbrian roads, which see thousands of tourists visiting the Lake District drive over them every single year.

National campaign group the Taxpayers’ Alliance has criticised the issue, saying that more money should be spent to maintain the state of the county’s roads.

Over half of the £600,000 total was paid in injury compensation to people who had been hurt as a result of driving over a pothole.

Complaints made to Cumbria County Council have soared in recent months. In January alone, the council’s highways hotline received 865 phone calls regarding the pothole problem.

Last month also saw council chiefs set aside £3million in order to begin the process of repairing the roads.

The roads have also caused damage to vehicles, with tyre fitters reporting a huge surge in the number of repairs they are being asked to perform.

Chief executive of the Taxpayer’s Alliance Matthew Elliot said: “This is an exorbitant amount of money to spend on compensation claims and legal fees. If the council had maintained the roads properly in the first place then they could have avoided frittering away hundreds of thousands like this.”

12 claims for compensation made after Severn Bridge ice falls

Category: Public Liability — Written By Injuries Direct — March 1, 2010

A total of 12 claims for compensation have been made following the closures of the Severn Bridge crossings to South Wales in icy conditions.

The bridges, which link the M4 and M48 motorways over the River Severn, were closed after large chunks of ice fell from overhead cables onto car windscreens below.

Now, the Highways Agency is working closely with the Met Office to monitor potential future icy conditions. This way they can close the bridge way before any accident happens that causes injury or damage to a driver or car.

The bridges were forced to close in February 2009 and again in December in cold snaps that were labelled as ‘unusual conditions’.

After the bridge closures last February, the Highways Agency carried out a Winter Resilience Report which looked at similar incidents that had happened on bridges around the world.

It was shown the software used to monitor conditions on the Hukucho Suspension Bridge in Japan could be used to help prevent ice falling on the Severn Bridge. The Highways Agency is now considering developing its own version of the software.

The information regarding the claims for compensation following the incidents last year was requested by South Wales Central Assembly Member Chris Franks.

He said: “It is vital that every measure is taken so that there is an early warning system of potential weather conditions which could lead to a build-up of ice so it can be treated before there is any danger to the public.”

Family make no win no fee compensation claim against Starbucks

Category: Personal Injury, Public Liability — Written By Injuries Direct — February 25, 2010

The family of a toddler who stabbed herself in the mouth with a used syringe are attempting to make a no win no fee compensation claim against Starbucks café.

Keeley Price was just 10-months-old at the time when the incident happened. She was with her mother Kelly and grandmother Linda Shipley on a trip to the Bullring shopping centre in Birmingham, and had stopped at the Starbucks café for a drink.

It was here that the toddler found the syringe and jabbed it into her mouth. When Keeley’s grandmother realised what had happened, she grabbed the syringe from the toddler only to prick herself on the hand in the process.

Both then had to endure a six-month wait for tests to be carried out to see whether they had contracted any infections, such as Hepatitis B and other blood-related diseases.

Mrs Shipley said: “Kelly was at the counter getting the drinks and I sat down in an armchair with Keeley in my arms. She was reaching over my back and from the upholstery found a syringe and did what babies do at that age, put it in her mouth.”

She added: “I was horrified and immediately took it out of her mouth but in doing so pricked my hand, drawing blood.”

When she complained to the manager at the Starbucks, the incident was added to their accident log book but no apology was offered.

“She couldn’t get us out of the shop fast enough,” said mother Kelly. “We didn’t get any first aid, there was no apology and no offer of a taxi to take us to the hospital.”

The Starbucks later told the family that they would not accept responsibility as the café was cleaned on a regular basis.

Mrs Shipley said: “that’s not accurate because I lifted up the armchair cushion and underneath found food debris – it obviously hadn’t been cleaned for a while.

“It was six months before we got the all clear, but in that time we were worried sick and imagining the worst. We didn’t know what was in the needle, it could have been Hepatitis, HIV, anything.”

The family have now secured the services of a no win no fee compensation solicitor to help them with their claim against the café chain. The case is due to be heard at Birmingham County Court in the near future.

Man wins public liability compensation claim for recycling centre slip

Category: Public Liability — Written By Injuries Direct — February 8, 2010

A former soldier has won his public liability compensation claim after a horrific slipping accident at a council recycling centre.

Frank Sharpe, 57, was getting rid of a cardboard box at the Doncaster site after setting up for a wedding anniversary barbeque in August 2005. He had walked up the 10foot ramp of the cardboard waste disposer when his left foot suddenly slipped on the surface. His right foot then twisted and became stuck on the ramp, while his slipped back down on his right thigh.

He was taken to Doncaster Royal Infirmary and treated for a broken leg. However, surgery didn’t work as well as expected and he was told that he would have his leg amputated above the knee after picking up a deep infection.

Desperate to save his leg, Mr Sharpe asked for a second opinion and was referred to the Northern General Hospital in Sheffield, where ongoing treatment may have saved his leg by repairing the catastrophic damage to his knee.

He will find out in around one month whether the infection has cleared enough for him to undergo a knee replacement operation.

Mr Sharpe’s public liability compensation claim payout was said to be ‘substantial’ and was agreed in an out of court settlement.

He said: “For the last four years my wife has had to help me wash, dress and use the bathroom, and I’ve been unable to work at all. Now that the compensation claim has been settled, my family and I can concentrate on moving on with our lives.”

Injured students awaiting outcome of public liability claims

Category: Public Liability — Written By Injuries Direct — January 22, 2010

Families of students who were injured when a heating duct fell on them during an exam are awaiting the outcome of their public liability claims for compensation.

The year nine students, who were sitting an SAT’s examination at the time, suffered cuts, bruises and shock when the wire rope suspension securing the metal duct failed; causing it to fall to the ground. Six pupils were taken to hospital requiring treatment, but did not need to stay overnight.

Many public liability claims have been made against Kent County Council, who is responsible for the safety of the students and of the maintenance of the building.

A number of the 157 students who were inside the exam hall at the time have suffered with psychological trauma following the incident in May last year. However, any compensation that is awarded to them will not be accessible until they turn 18 year old.

The Health and Safety Executive (HSE) are also investigating the cause of the accident.

Girl, 11, dies following slipping accident on icy pavement by school

Category: Public Liability — Written By Injuries Direct — January 18, 2010

An 11-year-old girl who suffered a slipping accident on the thick ice outside her school has tragically died.

Naeemah Achha was walking to her school; the St Michael with St John Primary in Blackburn last Thursday when she lost her footing on the treacherous surface outside. This caused her to fall to the pavement and sustain a nasty blow to the head.

Although Naeemah didn’t seem badly hurt at first, she was taken away in an ambulance by means of precaution.

However, over the next 24 hours her condition quickly deteriorated. She later died in hospital.

An investigation is now underway to determine how the accident happened, with Blackburn with Darwen Council facing much of the blame for not gritting the roads and pavements surrounding the school.

A friend of the family, Hussain Akhtar said: “I know we have had a problem with gritting but the authority should make gritting the pavements near schools and hospitals a priority. It is very icy on the pavements near to the school and this is very dangerous. If gritting had been done on Thursday then they would have saved Naeemah’s life.”

Late last week the thawing of thicker snow left some smaller roads and pavements perilous. The hardened ice which remained on the ground meant the threat of a slipping accident was something everyone faced. With councils limited on their grit supplies, it was almost impossible to clear these areas as main highways remained a priority.

Blackburn with Darwen Council leader Michael Lee said: “This is a very shocking incident and our sympathies go to the family, community and the school during what must be a horrendous time for everybody.

“The council is giving its full support to the investigation taking place to establish exactly what happened.”

Warmer temperatures on the weekend cleared most of the remaining ice and snow; however some still remains in rural areas and on higher ground.

Brain damaged man has claim for compensation overturned

Category: Personal Injury, Public Liability — Written By Injuries Direct — December 11, 2009

A man who suffered brain damage when he was kicked in the head by a horse has had his claim for compensation overturned.

Geoffrey Glaister, 49, was attending a horse fair in Appleby, Cumbria when he was kicked by a horse that had escaped.

Originally a county court ruled that a claim could be made against Appleby Town Council. It was argued that the council had not covered accidental injuries with public liability insurance at the fair and therefore they had failed to deliver their duty of care.

However, this has now been overruled after it was found that the council did not own the area in which the incident happened. They also did not have any direct control over how the fair was run.

Mr Glaister suffered ‘catastrophic’ injuries and it is unlikely he will be able to return to work in the future. Any injury compensation awarded would have covered his loss of earnings and his care in the future.

Girl blinded by hair dye awarded £20,000 personal injury compensation

Category: Personal Injury, Public Liability — Written By Injuries Direct — December 9, 2009

A girl who was temporarily blinded after suffering an allergic reaction to hair-dye has been awarded £20,000 personal injury compensation.

Charlotte Gilchrist, 21, is now warning other girls to not get their hair dyed without first completing a skin patch test.

Miss Gilchrist couldn’t open her eyes for five days following a trip to the hairdressers. She was 16 at the time and was just about to celebrate finishing her GCSE exams with friends at her school prom.

Literally moments after the hair dye was applied she began to experience itching and burning.

With unbearable pain, she had to leave school to return to the salon, where they attempted to treat her with a cooling agent.

She said: “I was scared. When I woke up the following day the right side of my face was swollen. There was a clear liquid coming out of my head, it was awful.”

Doctors gave Miss Gilchrist antihistamines to ease the swelling, which had affected her whole face. However, it did not go down for five days afterwards when eventually she was able to see again.

She added: “Hairdressers have a responsibility to their clients. It could happen to anyone – they don’t know how sensitive people are so a skin test is a must.”

The £20,000 personal injury compensation award covered £2000 for damages, and £18,000 for the legal expenses Miss Gilchrist spent fighting her case.

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