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Manchester Personal Injury Law Blog

Stay safe on a motorbike

Motorbikes are often seen as glamouris and exciting! However, they can be very dangerous. Each year motorbikes account for 20% on road deaths each year and this is despite motorbikes making up only 1% of traffic. It is often thought that winter is the worse time for motorbikes but this is often incorrect. The sunny summer months are the most dangerous time for motorbike riders.  The reason for this is more there are more motorbikes on the road taking advantage of the dry and sunny days.

How do industry work injury statistics compare to recent years?

The Office for National Statistics is responsible for collecting the data that is used to provide the Health and Safety Executive with all the information they need to document workplace injuries. By assessing and comparing these figures, it is then possible to interpret them with consideration for the consistency and effectiveness of all working structures. The data is divided by industry sectors: agriculture, mining and quarrying, construction, services, and waste and recycling.

The data released for the period 2013 to 2014 has been compared to the previous five years' averages, showing a downward trend in fatal accidents in the workplace. By industry sector, this has been calculated as a drop from a five-year average of 9.89 to 8.77 in agriculture, three deaths in mining and quarrying, two deaths less than in previous years, 14 fatal injuries to those employed in manufacturing in the period spanning 2013 to 2014 in comparison to a previous average of 26 deaths, a 9 per cent reduction in deaths of construction employees, and an 11 per cent reduction in fatalities of workers in services. Employees in the waste and recycling industry also saw a 2 per-cent reduction in fatalities, but these figures are known to be subject to significant annual fluctuations.

Joint investigation launched after man killed at school

A joint investigation has been launched by the police and the Health and Safety Executive after a 24-year-old man was electrocuted and killed. The man had been working on an industrial stove at a primary school when he suffered an electric shock. He was rendered unconscious as a result of the electric shock and, despite efforts to revive him, was pronounced dead at the scene by paramedics.

The man, a gas engineer, was fixing the cooker as part of a kitchen refurbishment during the school's summer holiday period when he was injured at work. His employer, which has a site on the Whiteberk Industrial Estate where the man was based, described the man's death as a tragic accident, and the headmistress said that the school offered their deepest condolences and said that they would co-operate fully with the investigation.

Guidlines for product liability claims

In order for someone injured or harmed by a defective product to seek compensation, there are three things that must be proved. The first is that the product was indeed defective. The second is that it caused some harm, loss or injury to the user, and the third is that the company or person being sued is legally responsible for the product. When considering bringing action for a defective product, there are then three areas of law to consider.

First, a victim might file a claim under statutory law. Under the Consumer Protection Act of 1987, a victim might be able to pursue compensation under the doctrine of strict liability, which means that the claimant must show that the item in question was defective. The person seeking compensation must also be able to demonstrate that the defect was the cause of his or her harm.

Worker injured by forklift awarded compensation

A worker who was hit by a forklift truck successfully brought a claim against his employer, a food packaging firm in Buxton. The 42-year-old man was hit by the vehicle in 2012, suffering multiple breaks to his leg which required a six-day hospital stay and the insertion of pins and metal bars to repair the injury.

The company was investigated by the Health and Safety Executive after the man was injured in the work accident. It was discovered that there was no system in place to allow safe working practices on the factory floor, leading to the prosecution. The firm admitted to a breach of the 1999 Management of Health and Safety at Work Regulations and a breach of the 1992 Workplace (Health, Safety and Welfare) Regulations. They were fined £30,000 and instructed to pay £2,979 towards the costs of the prosecution.

NHS face massive compensation bill after eye operation blunders

The NHS are facing a massive compensation nil after patients have been left with poor sight after cataract surgery. The problems started when the NHS hired a private firm to complete cataract surgery. The procedures were carried out at Musgrove Park Hospital in Taunton. The company were hired to help clear a backlog in May 2014. The hospital hired private provider Vanguard but soon terminated the contract after a number of patients complained of pain, swelling and blurred vision. A man in his 80s has claimed to have lost his sight as a result of the incident. A full investigation is now under way.

Holiday hell leads to compensation pay out

A women who became seriously ill at a Mexican hotel has successfully recovered compensation. Natalie Daymond aged 27, had her birthday celebrations ruin when she became ill. She suffered severe sickness and diarrhoea at the Barcelo Costa hotel in Cancun. The hotel was dirty with filthy bedsheets and bedrooms. The left over food was reheated and the chicken and meat was served pink.  The swimming pool and surfaces around the pool were also dirty.

Worker wins compensation for near-fatal accident

A man won a five-figure settlement after a court ruled that his employer had neglected to adequately assess or ensure safety procedures. The man's throat was sliced by an angle grinder in the workplace accident, and he was told by medical professionals that he was lucky to survive. The man had to take over two months off work. He told the court that he was unable to perform even basic tasks without help.

The 48-year-old welder was using the grinder to cut a large piece of steel when the defective product "kicked back" against the metal and sliced his throat. The man was wearing "full protective equipment" at the time. His was described as being only millimetres from a fatal injury. He required emergency medical attention to "clear debris from the wound and repair muscle damage." The treatment included 17 staples to close the wound, which has left a 12-inch scar.

Mother misdiagnosed with terminal cancer receives compensation

A mother in Scotland has been awarded a compensation payout after a hospital blunder at Aberdeen Royal a Infirmary. Denise Clark, aged 34, was told that she had terminal cancer and described her ordeal as 'absolute' hell. She planned her own funeral, spent £10,000 on alternative therapies and wrote farewell letters to her children. Denise was confused as to why she was feeling so well despite being diagnosed with terminal cancer and demanded another scan. The second scan revealed that the growth in her pelvis was malignant.