Can I Make a Claim Against My Landlord?

Millions of people all across the UK live in homes or flats they do not own. They rent from various landlords both private and public. The safety and well-being of each tenant is very often resting in the hands of their landlord.

A landlord is any person or entity that owns a building and allows others to use it for an agreed-upon fee. That definition covers housing authorities, letting agents, property owners and nice little old ladies with spare rooms to let, all in equal measure. If you are letting out a property you should be well-apprised of your responsibilities. If you are a tenant, you should be equally aware of your rights.

The landlord’s obligation includes all of the living area. That encompasses the actual living space (the flat, the house or the room) as well as any common areas. Walkways, car parks, hallways and gardens must be safe and liveable as well. If conditions exist that could allow or cause an injury, the landlord could be found liable and the tenant could make a claim for compensation.

Any instance where a landlord in negligent in the up keep of a property could be cause for compensation. A few of these circumstances could include the following:

  • Unlit walkways or hallways
  • Broken pavement
  • Poorly maintained electrical outlets
  • Defective stairs
  • Missing railings
  • Carbon monoxide
  • Illnesses caused by mold

 

If these or any similar conditions are present and a tenant or guest is injured, the landlord could be subject to a claim for compensation. These claims can be very costly, especially if a court find the landlord has been negligent in his duties. Landlords should carry liability insurance to cover any such claims that are made against them and their properties.

Both tenants and landlord should also seek counsel so that they are aware of all of the rights and responsibilities of their rental agreement.

3 Things You Can Do To Recover Faster From Your Personal Injury

A quick recovery is the goal for any injury or surgery. No one wants to linger in physical therapy or worse, in pain. We all want to be back to our normal lives straight away after a personal injury. Professional athletes manage to bounce back fast and so can you. Here are a few ways you can speed the process of healing and be back on your feet as quickly as possible, just like a pro.

Get attention straight away.

An injured athlete doesn’t wait to seek help. As soon as the injury occurs, a trainer or doctor is on the scene to diagnose and begin treatment. They are whisked away to a locker room where a more thorough assessment and any subsequent treatment can begin without delay.

Too many people wait for treatment after an injury. Don’t waste time in pain thinking your injury will heal itself somehow. Get attention for your injuries immediately, even if you don’t think they are big deal. Little hurts have a tendency to grow larger, not smaller, without treatment so don’t put your health on hold.

Listen to your doctor.

Once you’ve sought out medical treatment, you need to take the doctor’s advice. Far too many people believe they know better than their physicians and therapists and don’t follow orders. If your doctor is telling you to rest, do physical therapy or take your medication, then do it! Quite a lot of education and experience is backing up what they’re telling you. Don’t think you can replace all that knowledge with an internet search!

Do the therapy.

A professional athlete would never consider stepping back into play after an injury without physical therapy. The body needs to rest and recover after an injury or surgery but it will need to rebuild strength as well. Physical therapy helps your body relearn how to move and function the way it’s supposed to do. You may not like stretching or exercising but do not skip this step or your recovery will take longer.

Take some cues for the pros when it comes to recovering from a personal injury. You’ll soon be back in top form.

Can you be Compensated if you Slip and Fall?

You’ve slipped and fallen and been injured in both spirit and body. It’s not merely embarrassing; it’s painful and it’s costly. Your medical bills have been mounting, adding insult to your injuries. Can you be compensated for a slip and fall accident?

Who’s to blame?

If your fall was due to someone else’s negligence and not your own, you may have grounds for compensation. Preventing potentially dangerous situations are the responsibility of property owners or the relevant authorities. Hazardous conditions like a wet floor or poorly maintained walkway could be the cause of an accident and resultant injury and thus, compensation.

Were you injured?

A stumble can certainly give your ego a dent and an outright fall, particularly in public, can be truly mortifying. However, damage to your sense of dignity isn’t typically considered an injury in legal terms. A bump or bruise is usually brushed off with a blush but physical damage isn’t so easily forgotten. Sprains, strains, broken bones, contusions, lacerations and abrasions can all be considered injuries. See a physician to determine the extent of your injuries if you are involved in a serious fall.

How long has it been?

There are certain limitations to claims. Even if you feel certain that a fall in your past caused a current medial issue, you may no longer be able to claim compensation. Seek medical and legal advice in a timely manner if you believe you should be compensated.

Do you have evidence?

In any legal matter, evidence is crucial to gaining compensation. Documentation may be a bother but it is necessary. If you are at all able, document the conditions of your fall at the moment or ask a friend or family member with you to do so. The ubiquitous nature of mobile phone cameras has made this step so much easier. If you cannot take care of this at the time of injury, go back as soon as possible for photographs.

Ask witnesses, employees or anyone who stops to help you for their names and contact information. Make a written complaint to the relevant authorities and keep a copy. Retain a record of emails sent and any responses that are received. Keep records of your medical diagnoses, treatments and bill as well. Make a thorough record of the fall and its results.

There isn’t a simple answer to the question of compensation. Legal expertise and experience can help you determine whether you are due compensation.

3 Ways to Avoid a Serious Auto Accident Now

Every day people are injured and even killed in auto accidents. These costly and often deadly mishaps can happen to anyone at any time on the road. Avoiding accidents should always be first in your mind while driving. Here are a few ways to avoid being involved in a serious auto accident.

Don’t become distracted.

Talking or texting on your mobile phone, fiddling with the radio or retrieving something from the floor will all take your eyes and your attention off the road. That’s asking for trouble. Put all your focus on the task of driving and let the other things wait till you can safely attend to them.

It only takes roughly 5 seconds for a vehicle at highway speed to travel the length of a soccer pitch. Just peeking at a text can rocket you into an intersection in an instant and alter – or end – your life or some else’s. Don’t forget how close you really are to the other vehicles on the road and how powerful the machines you control can be.

Depend on yourself, not other drivers.

Just because you have the right of way, don’t expect other drivers to yield. People run through traffic lights and signs all the time. There will be distracted drivers on the road at any given moment. There could be an inebriated driver right behind or in front of you each time you get behind tithe wheel. Even an excellent driver can make an error and overcorrect.

Count on your own judgment and don’t trust others to make the right decisions on the road.   Always be on the lookout; never get complacent. If someone is driving erratically, give them a wide berth even if you have the right of way.

Maintain you vehicle.

Your auto needs regular maintenance to run well. Little things like properly inflated tires may not seem like much but your vehicle just doesn’t perform as well without this vital service. You can’t stop as quickly or turn as sharply if your tires don’t have the right pressure and that can lead to an accident. Stay on top of your auto maintenance schedule to keep little issues from become major problems.

Drive well, stay safe and avoid accidents!

UK To See Better Victims’ Laws?

The Labour Party’s Victims’ Taskforce recently released a report suggesting a need for improved legislation regarding victims’  laws and rights. In this report, it was stated:

“One of the standout features of our criminal justice system is that most victims of personal and sexual violence are unlikely to report their allegations to the police.”

The truth remains that victims fear the repercussions of speaking out against their attackers, for fear that the authorities will do little to assist them and keep them safe from further harm.

Domestic violence cases fall well within this realm of inadequately handled situations. In a recent piece in The Guardian, it was reported that:

Victims of domestic violence are abused for almost three years before they get the help they need, and some are subjected to more than 50 incidents during that time.

Despite the fact that the sufferers of this violence are often in contact with public agencies, the domestic abuse continues without notice. These victims are left to suffer in pain and must fear for their lives, as they struggle to determine if they can really get the help that they need without instigating another attack. Kids will generally suffer for the longest periods of time. Afraid to speak up, on average, children will live with the abuse throughout much of their formative years.

Right now, this action could result in changes to the legal system. Until that time comes, personal injury law can help those who are seriously injured as a result of assault and battery. Those who were further harmed, or left to suffer because action was not taken to protect them from harm may be able to collect damages to cover some of their losses. Not all injuries are the result of accidents. Some harms are done intentionally. You can get the legal support you need to ensure the courts will listen.

What is Medical Negligence?

You may have heard the term “medical negligence” in conversation or perhaps in adverts. Do you understand what it means in legal terms? Most people assume that it simply means wrongdoing of some sort but there’s a bit more to the topic than that. Medical or clinical negligence is a complex subject which will likely require the assistance of a legal expert but here are a few of the basic principles.

Medical negligence, now known as clinical negligence, is the means by which a person can take his medical attendants to a civil court and attempt to receive compensation. It doesn’t take into account professional conduct or terms of service. In order to prove negligence, the claimant (typically the patient or his survivors) must show that the medical professional owed him a duty of care, that this duty of care was breached and that the patient was harmed in some way due to this negligence.

This breach of the duty of care is the critical component in a clinical negligence case. To simplify, it’s a mistake in treatment. It doesn’t mean the provider is wholly incompetent, just that he or she made an error that caused harm. Any field of treatment from obstetrics to cardiology to psychiatry can be subject to clinical negligence as well as any medical provider. Dentists, midwives, therapists and other medical and paramedical providers could be included in a clinical negligence suit.

A provider who strays from the acceptable treatment standards and thus causes harm to a patient would be guilty of clinical negligence. Here are a few examples of clinically negligent acts:

  • Delaying a referral to a specialist.
  • Failing to diagnose a medical problem.
  • Prescribing or administering incorrect medication.
  • Failing to obtain consent before performing a surgical procedure.
  • Insufficient care in treatment.
  • Failing to warn of side effects or consequences of a treatment or procedure.

The claimant has to prove two things to be awarded compensation: liability and causation. You must show that the medical provider acted in a way that no comparable, competent provider would have acted. You must also show that the harm or injury suffered was caused by the provider’s error and would not have occurred otherwise.

There are limitations on clinical negligence cases so quick action is important. If you feel that you or your family member has been harmed by a medical error, contact an expert for advice straight away.

Faulty Products: Who Is Responsible?

You’ve saved a few quid here and there and finally scraped together enough to buy that thing you’ve been eyening. Whatever that thing might be, it didn’t come free and you worked hard for the funds that paid for it. You run out to the shops, pick it up and bring it home. You’re excited about your purchase and can’t wait to put it to good use.

After a use or two you realize with great disappointment that your product is faulty. Are you stuck with it? Has your money been wasted? Who is responsible for a faulty product?

When you make a purchase, you enter into a type of contract. In the eyes of the law, you have certain rights within this contractual agreement. The Sale of Goods Act of 1979 ensures these rights. You can expect the item you buy:

  • to be of reasonable satisfactory quality
  • that any claims on the packaging are accurate and truthful
  • that the goods within are the same as what is pictured or described on the packaging
  • that the item is fit for its intended purpose.

 

If the product you’ve purchased isn’t fit under the standards laid out in the Sale of Goods Act, you are entitled to a remedy. That could be a refund of the purchase price paid, an exchange for a suitable replacement, a repair or a reduction of the price. You may also be entitled to damages if the fault in a product caused verifiable harm or damage to a person or property. (For instance, a faulty dishwasher leaks and ruins your floors.)

Not every situation is covered under this Act however. You might not be entitled to a refund, replacement or damages if you have used the product in a manner “inconsistent with the trader’s ownership”. You cannot return a dress you have had altered. You cannot claim damages if you were using your china over an open flame and so on. If you were made aware of a defect or damage prior to purchase, you might not have a claim.

There are also limitations on the length of time you take to report faulty products and seek a refund or repair. The Act doesn’t give a specific time frame on this; it only states that it must be a “reasonable” length of time. A court would ultimately decide reasonability but it’s always best to act quickly rather than to wait.

In most cases, the burden lies with the consumer to prove that this contract has been breached. You may need legal assistance in building your case effectively. Choose a skilful, professional to guide you through the process.

Can I Claim Compensation For An Accident at Work?

When an accident happens at work, the complications can seem overwhelming. To not only be forced to deal with pain and medical expenses but also paperwork and claims seems almost cruel. UK employers have certain legal responsibilities to their employees so compensation may at least take care of the costs associated with a workplace injury.

These responsibilities extend to all sorts of employees. It does not matter if you work part time, full time, on a zero hours contract or if you are on the premises but not working at the time of the accident. You may still qualify for compensation in these circumstances.

In some circumstances, the employer may be insured against losses in this type of case. If the employer is found liable for the accident, their insurance policy or policies may cover the costs. The various rules and laws regarding liability are quite complex. However, most of them establish the duties an employer owes to the employees. These duties are set up to protect the employee from dangerous conditions. The meeting of them (or failure to meet them) helps determine the employer’s liability in the case of an accident or injury.

The numerous regulations cover many job site factors that can contribute to injuries. Here are a just few of the items covered in the laws regarding the workplace:

  • Safety equipment
  • Emergency exits
  • Fire detection
  • First aid equipment
  • Maintenance of the workplace and equipment
  • Ventilation and temperature
  • Cleanliness
  • Sanitation and washroom facilities
  • Drinking water

 

As you can see, employers carry a great deal of responsibility for the safety of their workers. Even visitors who are not employed by the company may be covered under these laws. If you have a legitimate injury on the job, those laws will help to provide compensation so that you are not left to bear the burden of your medical bills all on your own. An legal expert can help you sort out the details of a workplace injury.

How Long Do I Have to Make a Claim? The Limitation Period

If you’ve suffered a personal injury, you may have heard that you must file a claim soon or risk running out of time. The limitation period on a personal injury is fairly strict, and waiting to file certainly won’t do you any favors. Just how long do you have, though?

The Limitation Period

All legal proceedings have to be started within three years of the actual accident. There are cases where the three years begins from the date the injury was officially identified, though, instead of the accident date. These circumstances, though, are incredibly strict. In the event a metal disability is in play or a juvenile is affected, it is possible to file a claim after the injury has been identified. If a disease develops some time after the initial exposure, this is also possible. The key, though, is to ask a solicitor if your case qualifies for any of those exceptions.

One additional exception is possible. In the event someone is in the midst of a compensation claim and they die, the three year deadline resets for the family involved so they can continue working on the claim should they decide to do so.

Contact Us Today

If you’re concerned about the timeline in your injury case, contact us today. We’ll discuss your circumstances and how to best move forward with your case.

Asbestos Compensation Rules

For those suffering from asbestos-related cancers like mesothelioma, there is at least a little bit of good news. Recent changes in the law may afford additional funding from the government. This is especially good news for those patients who were not able to claim damages through their employer’s liability insurance.

Asbestos is a naturally-occurring mineral that resists heat exceptionally well but doesn’t transmit electricity. It is found as bundles of fibres in soil and rock. It was used as an insulation material in schools, homes, vehicles and more before we knew of its hazards.

In the early part of the 1900s, evidence of this material’s dangerous nature began to appear. The uncontrolled asbestos-laden dust in many workplaces was inhaled and led to scarring in the lungs of workers. In the 1930s, England began to protect workers with laws about ventilation and exhaust but ship building efforts for the war led to exposure for more and more workers.

It took until the second half of the 20th century before asbestos-related cancers garnered headlines. These cancers, like mesothelioma, take a long time to appear. While the life expectancy after diagnosis can often be as little as 6 to 8 months, it may take up to 40 years for the disease to present. After that long, many workers had long since become pensioners and could no longer claim benefits from their employer’s insurance.

A recent change to the UK Government’s Diffuse Mesothelioma Payment Scheme will bring payments up to 100% of average civil claims from the previous 80%. This arrives as a one-off, lump-sum payment dependent upon the age of the claimant. The older you are at the time of your diagnosis, the smaller the payment will be. Beginning in mid-February, patients were able to benefit from the increased payments.

The Payment Scheme paid out more that £19m in its first 10 months. Contact your attorney to find out if you or a family member had been diagnosed with an asbestos-related cancer.