Traffic Accidents on the Road
When it comes to accidents caused by road traffic, blame can often be clearly placed. Defendant driver(s) typically have the claim brought against them. The Defendant driver's insurer, however, is who conducts the claim defence as the insurer is the entity that guarantees the Defendant driver. The insurer typically compensates the Claimant. Should the Defendant driver be uninsured or untraced, then the Motor Insurer's Bureau (MIB) will at times pay the Claimant under the appropriate circumstances. Occasionally the Highways Authority is at fault, for example if they have not followed the Highways Act 1980 and have improperly maintained the road.
Accidents While at Work
Statutes require that employers maintain responsibility for employee safety and health while at work. If employers are found to be negligent, they may be held liable for a negligence claim. The Provision and Use of Work Equipment Regulation mandates that employers must provide employees with equipment that is danger free, job appropriate, and well-tended. Employers may be liable for any injuries an employee receives due to an act of omission or commission of another employee. For example, if an employee fails to clean up an oil spill and another employee slips and receives spine injuries, the employer may be considered to be responsible.
Occupier's Duty of Care
Occupiers of buildings have two Occupiers Liability Acts with which they must comply. The 1957 Act requires safe care for visitors, while the 1984 Act further expands the original to include certain varieties of trespasser.
Liability of Products
Producers, distribution companies, suppliers, and merchants may be held liable if their defective products cause injury.
Tour Operator Liability for Holiday Accidents
Injuries received while on holiday may be compensated by a package tour operator if liability can be established. The Package Travel, Package Holidays, and Package Tour Regulations 1992 require that the negligent acts or omissions of any portion of the tour will be charged against the package tour operator. For example, he may be held liable if a foreign hotel owner is negligent and a spinal injury results.
Liability for Sporting Accidents
It is possible for a Claimant to press a compensation claim if he can prove that another person's negligence is at fault for an injury such as a spine injury. In cases such as these, the Defendant will typically posit that the Claimant has consented to the injury risk.
Negligence of a Clinic
Medical negligence occurs when the care provided is substandard. That is, the care given is below the typical, normal standard of care for that medical specialty. If a Claimant can prove that a medical professional's negligence resulted in his spine injuries, for example, then he may press a clinical negligence claim.
Assault Claims
The Government has provided an organisation to compensate persons who have been injured due to a violent crime. The Criminal Injuries Compensation Authority (CICA) sets forth the eligibility requirements as follows:
* Injured physically or mentally because of the violent crime.
* Been injured while located in Great Britain.
* The injury must have been serious enough to qualify for a minimum award at the least.
During claim assessment, a reduced or refused award could be rendered once the CICA takes into account:
* The behaviour of the applicant, both pre- and post-accident, as well as during the incident.
* Certain Applicant criminal records.
* If the Applicant failed to cooperate with the police.
When it comes to accidents caused by road traffic, blame can often be clearly placed. Defendant driver(s) typically have the claim brought against them. The Defendant driver's insurer, however, is who conducts the claim defence as the insurer is the entity that guarantees the Defendant driver. The insurer typically compensates the Claimant. Should the Defendant driver be uninsured or untraced, then the Motor Insurer's Bureau (MIB) will at times pay the Claimant under the appropriate circumstances. Occasionally the Highways Authority is at fault, for example if they have not followed the Highways Act 1980 and have improperly maintained the road.
Accidents While at Work
Statutes require that employers maintain responsibility for employee safety and health while at work. If employers are found to be negligent, they may be held liable for a negligence claim. The Provision and Use of Work Equipment Regulation mandates that employers must provide employees with equipment that is danger free, job appropriate, and well-tended. Employers may be liable for any injuries an employee receives due to an act of omission or commission of another employee. For example, if an employee fails to clean up an oil spill and another employee slips and receives spine injuries, the employer may be considered to be responsible.
Occupier's Duty of Care
Occupiers of buildings have two Occupiers Liability Acts with which they must comply. The 1957 Act requires safe care for visitors, while the 1984 Act further expands the original to include certain varieties of trespasser.
Liability of Products
Producers, distribution companies, suppliers, and merchants may be held liable if their defective products cause injury.
Tour Operator Liability for Holiday Accidents
Injuries received while on holiday may be compensated by a package tour operator if liability can be established. The Package Travel, Package Holidays, and Package Tour Regulations 1992 require that the negligent acts or omissions of any portion of the tour will be charged against the package tour operator. For example, he may be held liable if a foreign hotel owner is negligent and a spinal injury results.
Liability for Sporting Accidents
It is possible for a Claimant to press a compensation claim if he can prove that another person's negligence is at fault for an injury such as a spine injury. In cases such as these, the Defendant will typically posit that the Claimant has consented to the injury risk.
Negligence of a Clinic
Medical negligence occurs when the care provided is substandard. That is, the care given is below the typical, normal standard of care for that medical specialty. If a Claimant can prove that a medical professional's negligence resulted in his spine injuries, for example, then he may press a clinical negligence claim.
Assault Claims
The Government has provided an organisation to compensate persons who have been injured due to a violent crime. The Criminal Injuries Compensation Authority (CICA) sets forth the eligibility requirements as follows:
* Injured physically or mentally because of the violent crime.
* Been injured while located in Great Britain.
* The injury must have been serious enough to qualify for a minimum award at the least.
During claim assessment, a reduced or refused award could be rendered once the CICA takes into account:
* The behaviour of the applicant, both pre- and post-accident, as well as during the incident.
* Certain Applicant criminal records.
* If the Applicant failed to cooperate with the police.
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