Woman launches legal action after riding accident

January 30th, 2009

Woman launches legal action after riding accident

A woman who was injured after falling from a horse has launched legal action against the owner of the equestrian centre she claims is responsible.

Carla Mitchell, 26, contests that she was a novice rider but had been given a horse measuring 16 hands that was unreliable.

The animal bolted, throwing Ms Mitchell to the ground, Horse and Hound Online reports.

In the accident, she suffered a fractured vertabra and an injury to her ankle. She has still not recovered and alleges that she cannot care for her children properly as a result of her disability.

Ms Mitchell is now suing Diane Jay-Ing, who runs Shaftesbury Equestrian Centre in Dorset, for damages of up to £300,000 after claiming that she was negligent and did not care for the rider properly.

Anyone who suffers an injury while horse riding which was caused by the negligence of another person may be eligible to claim compensation for personal injury.

They should seek legal advice within three years of the accident occurring.
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Child paralysed by meningitis wins compensation battle

January 30th, 2009

Child paralysed by meningitis wins compensation battle

A 14-year-old boy has been awarded a compensation payout after being left paralysed by untreated tubercular meningitis.

Jason Goby fell ill with severe headaches in January 2000 and was taken to hospital. However, his condition was not diagnosed until a month later.

The child was left permanently disabled and his father launched legal action against his GP, Dr Barrie Ferguson, claiming negligence, His legal team argued that had Jason been treated straight away, he would most likely have made a full recovery.

Although Dr Ferguson denied liability, a judge at the high court this week ruled that she was negligent on this occasion and ordered her to pay Jason compensation.

The exact sum has not yet been decided, but it is expected to be a substantial payout given the severity of his injuries.

Tubercular meningitis is an infection of the membranes covering the brain and spinal cord that is caused by the same bacteria as tuberculosis.


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Man in workplace fall receives £118k compensation

January 29th, 2009

Man in workplace fall receives 𧴮k compensation

A man who injured himself after falling from a ladder at work has secured a compensation settlement of £118,500.

The individual, who has not been named, was working for Portchester Plastics Decorators as a painter and decorator in Brighton at the time of the accident.

Although a scaffolding tower had been provided, the employee believed it to be unsafe and instead used a stepladder to reach high areas that he needed to paint.

However, he fell ten feet from the ladder and suffered a fractured leg, an injury which has left him reliant on a mobility scooter to leave the house. He has also undergone numerous operations.

The victim sought legal action and has now secured the payout, which his legal representative said should help to alleviate the "severe disruption and stress" the injury caused.

Under the Work at Height Regulations 2005, every employer should make sure that work is not carried out at height when it can be successfully carried out at ground level.

Where work at height is carried out, employers are legally obliged to take adequate steps to prevent falls.
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HSE warning after child suffers injury on school trip

January 29th, 2009

HSE warning after child suffers injury on school trip

The Health and Safety Executive (HSE) has reminded educational authorities of the importance of safety on school trips following an incident in which a child was seriously injured.

Tameside MBC and Clockwork Day Nursery had taken a class of children on a trip to a park in Ashton under Lyne.

However, during the course of the visit, a group of children had been left unsupervised and had wandered down to an uncovered water channel.

One of the children slipped and fell 24 metres into the channel, where he became impaled on debris in the water.

HSE inspector Catherine Willars said the nursery had not carried out a sufficient risk assessment before the outing and had not ensured proper supervision.

"This was a serious incident that could have easily been avoided had simple, sensible precautions been taken by the nursery and the council," she commented.

According to the Department for Education and Employment, teachers and other staff in charge of pupils also have a common law duty to act as any reasonably prudent parent would do in the same circumstances.

Those responsible for children under five should also ensure a staff to child ration of more than one for every six.
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Child awarded damages from NHS

January 29th, 2009

Child awarded damages from NHS

A child who was injured at birth has received a compensation settlement from an NHS trust in the high court.

Jacob Keogh, now nine, was born at the Queen Elizabeth II Hospital in Welwyn Garden City in 1999.

However, his delivery went wrong and he suffered Erb’s Palsy, leaving him permanently disabled and in need of long-term care.

Through his mother, he sued the East & North Hertfordshire NHS Trust and in a new development, he has now secured a payout of £110,848.

The NHS trust did not admit liability, but agreed to the settlement on a compromise basis. The judge approved the settlement, adding that there had been significant issues between the two sides.

Erb’s Palsy is a condition that mainly occurs from birth trauma and can affect one or all five of the nerves that supply movement and feeling to the arm.

Where the nerve damage is severe, scar tissue can prevent the nerve from ever healing and permanent disability will ensue, the Erb’s Palsy Group attests.
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