Personal Injury

Solicitors Investigate Greek Holiday Food Poisoning Allegations

September 23rd, 2016 | By licnewsadmin

 

A couple from Cheshire have ordered their solicitors to begin an investigation into their allegations of a poor standard of hygiene in a Crete holiday resort after one of the couple developed severe food poisoning.

William and Leanda Kidley holidayed in the Katrin Suites Resort, a three-star holiday resort in Stalis, Crete, in August 2015. However, towards the end of their holiday, William – who works as a Transport Support Manager – began feeling unwell, complaining of flu-like symptoms. Upon the couple’s return to Cheshire, he also developed diarrhoea.

After visiting his GP, William was referred to the Warrington General Hospital such that diagnostic tests could be conducted. William was subsequently diagnosed with campylobacter food poisoning, and as such was admitted to hospital. Though he stayed there for a week, he has yet to fully recover.

Once the results of the tests came back, the couple consulted a personal injuries solicitor, believing that William’s illness was a direct result of the poor standard of hygiene practiced at the resort. The solicitors will investigate these claims, and if they can find a direct link between the standard of hygiene and William’s diagnosis, Thomas Cook – the travel company with whom the couple booked their unfortunate holiday – have already stated that they will pay a compensation settlement. Thomas Cook were operating as FlexibleTrips when the booking was made.

The couple allege that much of the food at the resort was left out in the open all day, and as a result, they often saw flies. Additionally, they claim that the food that was served to them was often inadequately cooked.

Leanda, speaking to her local press, has commented that “The last thing we ever expected when we booked the holiday was for either of us to end up in hospital going through tests to find out exactly what was wrong. William missed time off work because of the problems he was having and it took him a long time for his stamina to improve and even now he has not made a full recovery.”

Negotiations Resolve Claim for Animal Attack

April 12th, 2016 | By licnewsadmin

The claim, made by the widow of a man who was killed after being attacked by a bull, was resolved through out-of-court negotiations for an undisclosed figure.

The accident occurred in November 2010, when Glenis and Roger Freeman were walking on a public path that went through the Underhill Farm in Stanford-on-Soar in Leicestershire. However, as   they were walking they began to be trailed by a heard of cows. Yet as they quickened their pace, a bull that was in the heard attacked, seriously injuring both Glenis and Roger.

Glenis managed to crawl to safety on a road nearby and signal to a passing car for assistance. An ambulance was called to the scene, and both victims received emergency first-aid before they were taken to the hospital. Upon her arrival, Glenis was put into a medically-induced coma and was treated for a fractured wrist, broken ribs and a ruptured spleen. When she was woken up from her coma, she learned that her husband Roger had tragically died from his injuries.

After an investigation into the circumstances of the accident, Paul Waterfall – the owner of the farm – was charged with gross negligence manslaughter. The Nottingham Crown Court acquitted him in May 2014, after which time Glenis had sought compensation for the injuries that she had suffered – both her physical and emotional traumas.

Negotiations ensued between the parties, after which the claim for compensation was settled for an undisclosed sum. However, Glenis’ solicitor described the settlement as “significant”.

Whilst speaking to her local paper after the settlement of the claim, Glenis said: “The trial was extremely distressing and I was particularly upset with the not-guilty verdict. I hope that the settlement of this case goes a long way to stop this ordeal happening to anyone else. If only there had been a sign up saying there was a bull in the field, we wouldn’t have gone into the field, and Roger would still be alive today. All farmers should follow the HSE recommendation and put up a sign. As it is, this settlement has shown that farmers can be found liable if they do not show a duty of care to the public.”

Concerns for Passenger Safety After Release of Bus Injury Compensation Figures

February 11th, 2016 | By licnewsadmin

Between April 2010 and April 2015, nearly £2 million has been paid out in compensation for bus accidents in Northern Ireland.

Translink, a company that runs some major public transport services across Northern Ireland (including Citybus, Ulsterbus, the Metro and Goldlink buses as well as Northern Irish Railway) has released information that it has paid out £1.647 million in compensation – in addition to £301,000 in material damage – for bus-related accidents.

The figures were released by Regional Development Minister Michelle McIlveen. The figures were released as a response to a query from SDLP MLA John Dallat, who is a member of Ulster’s regional development committee. Mr Dallas noted that the payouts for bus accident compensation were “horrendous”, and that measures needed to be enacted by Translink to avoid bus accidents. However, he also noted that a review should be conducted of the policy that concerns the defence of claims for bus accidents in Northern Ireland.

A statement was issued by the transport service operator saying that it was committed to high safety standards for both passengers and other users of the road. Transport unions added that recent cuts to public transport has had “devastating impacts” on public safety; in 2014, Translink had its funding cut by the Department for Regional Development by £13 million. Additional cutbacks were implemented after the operator reported an £8.4 million loss.

A spokesperson for Translink has said that“It is important to put some context around these figures which cover a five-year period. The level of compensation paid out is less than 0.5% of our annual revenue, and more importantly, Translink’s annual level of compensation is also amongst the lowest paid out when benchmarked against other UK operators. We carry around 80 million passenger journeys every year and their safety is a top priority for everyone at Translink”.

Carer Awarded Compensation for Lift Injuries at Work

January 9th, 2016 | By licnewsadmin

A Welsh care worker, who sustained very severe injuries in the care home that resulted in the death of a resident, has received an undisclosed settlement of compensation.

The incident occurred at the Pontcanna House Care Home in Cardiff.  Fifty-two year old Carol Conway, from Cardiff, was working at the on the 6th March 2012 working as a care assistant. On that day she was assisting Mrs Lewis, a ninety-six year old resident, leave her room to go downstairs and get breakfast on the ground floor.

Mrs Lewis and Mrs Conway waited at the lift doors for the lift to arrive. When it did, Mrs Conway unlocked the door using a set of emergency keys and reversed Mrs Lewis’ wheelchair into the lift. Tragically, an established fault meant that there was a disparity between the arrival times of the floor of the lift with the rest of the compartment. Mrs Conway and Mrs Lewis both fell a distance of 6.3 metres until they hit the ground floor.

 The fall was so severe that Mrs Lewis tragically died from her injuries. Her carer, Mrs Conway, was knocked unconscious and sustained fractures her back, her ribs and foot, as well as puncturing her leg.

An investigation ensued into the circumstances of the fall. It was uncovered that the owners of Pontcanna House Care Home, Shirwan and Nasik Al-Mufti, had received a warning that the lift was not functioning properly. They were told that because of the fault, the lift should only have been used in emergencies. Despite this, care staff at the home continued to use the emergency access keys to override safety mechanisms and open the door.

The case proceeded to the courts last year. Sherwin and Nasik Al-Mufti were fined £75,000 last year for breaching health and safety regulations by the Cardiff Crown Court. They were additionally ordered to pay £25,000 in costs after prosecution by the Health and Safety Executives. 

When the fine was announced, Mrs Conway sought legal counsel and made a claim for the lift shaft injuries she sustained. Negotiations ensued between the parties, and Mrs Conway received an undisclosed five-figure settlement. Speaking to the local press, Mrs Conway stated: “I was awarded compensation “but money will never change that terrible day. I think about it constantly. My heart goes out to May and her family. I am so sorry she died the way she did – it´s tragic”.

Holidaymaker Entitled to Compensation Claim in UK after Injury in Spain

June 22nd, 2015 | By licnewsadmin

A holidaymaker from the United Kingdom that was injured in a hotel whilst holidaying in Tenerife can make a compensation claim against the Spanish hotel in the UK, the Court of Appeal has ruled.

The accident occurred on the 26th October 2006 when Godfrey Keefe, fifty-two of Gateshead in Tyne and Wear was holidaying with his family at the Bahia Principe Hotel in Tenerife. Whilst he was relaxing by the hotel’s pool, a parasol situated nearby was caught by a gust of wind and became airborne. The parasol collided with Mr Keefe’s face, with the spike at the tip of the parasol impaling his right eye and imbedding itself so deep in the victim’s head that it caused damage to his brain.

Medical attention was immediately sought for Mr Keefe, who subsequently underwent surgery on his eye to remove the tip of the parasol from his head. Many operations on his brain have been carried out since the incident, and he is still left with only partial sight. The accident has left him dependent on an intensive care regimes for life. Mr Keefe, who was working as a director of a civil engineering firm before the tragic accident has been rendered unable to return to work; the likelihood of his return to employment is slim.

Mr Keefe sought legal counsel concerning the accident, and consequently made a compensation claim for the injuries he sustained against the owners of the Bahia Principe Hotel, Hoteles Pinero Canarias. Mr Keefe alleged that the hotel had been negligent in their failure to safely secure any parasols by the pool, thus putting guests in danger.

The insurance company for the hotel said that they would only concede liability on the condition that the claim would be resolved in Spain. However, this would reduce the maximum compensation settlement that to which Mr Keefe would be entitled to €800,000 (approximately £570,000). If the case were to be resolved in the United Kingdom, the victim would be entitled to claim in excess of £5 million against the Spanish hotel.

The case was brought to the Court of Appeals, where the judges deemed that European law entitled Mr Keefe to claim against the Spanish hotel in the UK. The judges cited “powerful policy reasons” why Mr Keefe should be allowed to do this, and the case has since been adjourned to assess damages.

Negotiations Result in Resolved Compensation Claim for Man Injured in Accident at Gym

March 7th, 2015 | By licnewsadmin

The compensation claim – settled for a total of £1.3million – has been resolved through negotiations between the two parties after a man was seriously injured and left partially blind after an accident that occurred whilst he was training at his gym.

The victim, Mauro Carneiro, forty-six and the director of a company, was training at the David Lloyd Gym & Leisure Centre in Stockton-on-Tees when he was seriously injured during a training session. Mr Carneiro, of Eaglescliffe in County Durham,  was working with his personal trainer for an outdoor training session. The trainer had used a nylon webbing strap to attach resistance training bands to a fence post, in addition to using them to D-rings using carabineer clips.

As part of the session, the trainer required Mr Carneiro to pull on the resistance bands and bring them towards his torso, all whilst kneeling on a stability ball. Yet when Mr Carneiro carried out this action and pulled on the bands, the nylon webbing gave way and the apparatus recoiled, with the carabineer clips and D-ring hitting Mr Carneiro in the face. The accident resulted in Mr Carneiro all but losing his vision; left with only partial sight in his right eye, he completely lost the ability to see from his left.

Mr Carneiro subsequently made a compensation claim for the accident against David Lloyd Leisure Ltd, claiming that no risk assessment had been carried out by his trainer to ensure the activity with which he was asked to engage did not put him at any risk. The Health and Safety Department of the Stockton Borough Council also began its own investigation surrounding the incident.

The investigation resulted in David Lloyd Leisure Limited being prosecuted for breached of Section 20 of the Health and Safety at Work etc Act of 1974, in addition to failing to carry out adequate risk assessments. Despite pleading guilty to the charges brought against them at the Teeside Crown Court, the company disputed the placement of absolute culpability on them.

The court hear the company concede liability for the injuries to Mr Carneiro  eyes, and that the compensation claim had been settled at £1.3 million. The case was then adjourned until the 15th of May to that the level of culpability of each party can be assessed, which will have impacts on the sentences dealt to the leisure centre.

 

Compensation Awarded to Injured Woman After Bus Accident

January 25th, 2015 | By licnewsadmin

An elderly woman, who sustained injuries after falling on a moving bus that pulled away from the stop before she could take her seat, has been awarded £10,000 in compensation for her injuries after the accident.

The accident occurred at the Braehead Shopping Centre in Glasgow during May 2011 when Mary Steel, eighty-two, had just boarded a privately-owned McGill’s coach. Mrs Steel was still walking down the aisle of the coach in an attempt to find her seat when the driver had begun to drive away from the stop at the shopping centre, resulting in Mrs Steel losing her balance and falling on the coach, injuring her shoulder in the fall.

Medical attention was sought for the passenger, who was from Dunoon in Argyle, and she was then taken by the paramedics attending the scene to the Southern General Hospital in Glasgow. After receiving the medical attention, Mrs Steel made a compensation claim against the company for the injuries she suffered in the accident on the bus. In the claim she stated that she had suffered emotional trauma after the accident in addition to an injured shoulder, stating that she had become depressed and had lost her passion for baking.

The case was then heard at Edinburgh’s Court of Session and was presided over by Judge Lady Stacey. Mrs Steel’s solicitors argued that the driver of the bus should have been more cautious and endevoured to ensure that his passenger was safely seated before he drove away from the stop. They alleged that he was negligent in his duties and this resulted in Mrs Steel’s injuries. They stated their belief that his employers were liable for the accident.

Judge Lady Stacey found in Mrs Steel’s favour, and stated that “In my opinion the defender´s driver failed to ensure that a passenger who had been seen by him to be elderly and unsteady was seated before moving off. In doing so, he acted contrary to the defender´s policy and in breach of common law”. Mrs Steel was then awarded £10,000 in compensation for the injuries that she sustained in the bus accident.

 

Negotiations Result in Compensation Settlement for Woman’s Holiday Back Injury

June 7th, 2014 | By licnewsadmin

A holidaymaker, who sustained severe injuries to her back after a boat excursion, has settled her compensation claim against the negligent tour operator out of court.

Carol Smith, fifty-three, was holidaying in MExico with her husband in June 2011 when the accident occurred. Mrs Smith had just finished a session of radiotherapy to assist in battling her breast cancer, and as part of the climax of the holiday, the couple had booked a boat trip to go swimming with whale sharks. Yet when they boarded the boat and headed out to the Cancun sea, there was a change in the weather, and a storm developed.

Huge waves crashed against the boat, and conditions became so rocky that many of the passengers developed sea-sickness. The captain of the vessel was asked to cancel the excursion and return to shore, yet he refused those requests and continued on. An hour after they had set off, a wave hit the side of the boat and threw Mrs Smith from her seat. When she landed on the plastic seat, she knew that she had caused some damage to her back, and spent the rest of the trip sitting as rigidly as possible and clinging on to the side of the boat until it returned to land. The rest of the holiday was spoiled and upon returning to the United Kingdom, Mrs Smith  had x-rays carried out on her back. They revealed that she had sustained two fractures to her spine after being thrown from her seat, and she was then admitted to hospital for three weeks. Mrs Smith also had to wear a neck brace for a further eight weeks after leaving hospital.

Mrs Smith and her husband sought legal counsel, and then made a compensation claim against the tour operator through which they booked their holiday, Thomson Holidays, for the fractures she had suffered to her back. They claimed that the whale shark excursion that the company had offered them was not safe.

Thomson Holidays conducted an investigation into the incident and admitted liability for Mrs Smith’s injuries. An undisclosed settlement was agreed upon between the parties for the victim’s back injuries.

 


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