April 21st, 2009
A man has secured an undisclosed sum in compensation after slipping on flower petals at a railway station.
Brian Piccolo of Witham was walking home from work at BNP Paribas in July 2003 when he slipped as he walked past Chiltern Flowers’ stall at Marylebone Station, London.
He suffered injuries to his wrist and back and fears that he may need a wheelchair in future.
"Everybody has been affected, the whole family. I walk 50 yards at best and then have to rest," he commented.
Mr Piccolo took legal action against the flower seller, claiming compensation of £1.5 million.
He won the right to damages in 2007 after a judge at the high court ruled that the shop did not have a "reasonably effective and safe system for dealing with the danger of fallen petals".
Mr Piccolo has now been awarded compensation as part of an out-of-court settlement, although it is not known if he received the full sum he had pursued.
Under the limitation rules for personal injury, court proceedings for compensation must be started within three years of the date of the accident, otherwise the claimant will lose the right to bring their claim.
Tags: 5 Million, Bnp Paribas, Brian Piccolo, Claimant, Claiming Compensation, Court Proceedings, Court Settlement, Damages, Fears, Flower Petals, Flower Seller, Flowers, Marylebone Station London, personal injury, Railway Station, Undisclosed Sum, Walking Home, Wheelchair, Witham
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January 27th, 2009
People should not be put off making compensation claims for personal injury because they think it will be too difficult or that they will be unlikely to win.
This is according to an article from the Independent, which recommends taking on "Goliath" if something negative has happened that was not the victim’s fault and which resulted in an injury.
"If someone else’s mistakes have lost you money or the ability to make it, it could be worth pursuing a claim … especially in an economic climate like this one," the piece suggests.
It adds that claims can be made for anything from an uneven paving stone to a mistake in hospital and that the amount paid out will depend on the injury sustained, as well as the evidence of financial loss, present or future.
Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be started within three years of the date of the accident, after which the claimant will lose the right to bring their claim.
However, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings.
Tags: 21st Birthday, Claimant, Compensation Claim, Compensation Claims, Compensation Court, Court Proceedings, Economic Climate, Goliath, Injured Party, Limitation Rules, Lost Money, Mistake, Paving Stone, personal injury
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December 22nd, 2008
A father has been paid £41,500 after he sustained injuries to his face when a goalpost fell on him.
Michael Hall, 45 and from Oldham, was staying with his son in a caravan park in the Lake District, where he was playing football on a makeshift pitch.
However, the goalposts had not been properly pegged down and they fell on Mr Hall, causing him what were described as "nasty" injuries to his jaw and face.
He took legal action against Holker Estate Company, which owns the Old Park Wood caravan park.
Although judges at Oldham county court ruled in 2007 that he should not receive compensation, a hearing at London’s court of appeal overturned this verdict and Mr Hall will now be paid £41,500.
It was decided that if a daily inspection on the pegs in the goal had been carried out, attendants would have noticed that pegs had been removed by campers and that the goalposts were not stable.
Personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice.
Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be started within three years of the date of the accident, failing which the claimant will lose the right to bring their claim.
Tags: Campers, Caravan Park, Claimant, Compensation Court, Court Of Appeal, Court Proceedings, Dad, Damages, Face, Goalposts, Lake District, Limitation Rules, London, Medical Malpractice, Oldham County, Pegs, personal injury, Pitch
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December 5th, 2008
An employee who was hurt while lifting heavy materials has received a compensation payout.
Gerard Mayne, 55, was working as a mechanical fitter at Eastman Chemicals in Cumbria when he tried to move a stainless steel machine cover weighing half a ton.
He slipped a disc in his back and subsequently took legal action against the company for his injury, which left him unable to get out of bed for a long period.
"It was so heavy and there were no purpose-built running beams or an electric lift which would have made the job easier and less hazardous," Mr Mayne explained.
Although Eastman Chemicals initially denied liability, but after Mr Mayne initiated court proceedings, the firm accepted and has agreed to pay him compensation of £10,000.
All firms will be covered by standard public liability insurance, which will pay out if an injury occurs to a member of the public or the workforce.
Tags: Back Injury, Beams, Court Proceedings, Cumbria, Eastman Chemicals, Insurance, Job, Mayne, Mechanical Fitter, Public Liability Insurance, Stainless Steel, Steel Machine, Workforce
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October 15th, 2008
A woman who was injured at work has secured a compensation payout as a result of the pain she was caused.
The unnamed woman worked for the Secretary of State for Work and Pensions in Birkenhead when she entered the lifts in 2004.
However, the lift had not risen to the correct height and there was a large step down upon entering it.
As a result, the woman hurt her back, which caused her pain for months afterwards, she claimed.
The victim took legal action against her employers, but it was necessary to take the case to the courts after they blamed sub-contractors for the incident.
In a new development, a settlement has been agreed upon and the woman has been paid £3,250.
Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be started within three years of the date of the accident, failing which the claimant will lose the right to bring their claim.
However, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings.
Tags: 21st Birthday, Birkenhead, Claimant, Compensation Court, Court Proceedings, Injured Party, Limitation Rules, Secretary Of State, Secretary State, State Pensions, Sub Contractors, Woman, Work And Pensions
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