Latest compensation news from WinWales
03 February 2012
A
man who worked as a mechanic at a bus company has won £100,000 injury compensation
following an incident in which he lost an eye.
Ross
Carey has lost all vision in his left eye when a metal fragment flew into it
while repairing a bus. Despite emergency surgery, doctors were unable to
restore his sight and he will never regain vision in that eye.
Following
the work accident, which happened while he worked for Edinburgh Tours, Mr Carey
launched a legal bid for accident compensation.
The
court was told that wearing goggles in the workplace was not routinely
enforced, and that Mr Carey was “under pressure” to complete the task of
releasing a camshaft when a spark of metal struck his eye. It was also stated
that the store which housed the goggles was closed and inaccessible to him.
Lawyers
acting on behalf of Edinburgh Tours stated Mr Carey was trained to use goggles,
but they eventually reached an out of court settlement with him.
24 January 2012
A
10-year-old girl, who cannot be named for legal reasons, has been awarded a
seven figure injury compensation package due to hospital mismanagement of her
care when she was an infant.
The
injury compensation deal includes both a lump sum compensation payout of
£5,000,000 and annual compensation payments of between £50,000 and £100,000 to
pay for her continuing care for the rest of her life.
She
has also received a “full and unreserved apology” from the hospital involved.
The
girl now suffers from severe disabilities after she was a victim of medical
negligence. The hospital mismanaged the
care of a virulent infection when she was a baby.
The
High Court judge who approved the settlement said the child’s battle was a
“triumph of the human spirit over adversity”.
The
child’s lawyer noted that the settlement would compensate the girl for pain and
suffering she had already sustained, and for her continued support, which she
will need in the future.
He
said the £5m lump sum will be managed by a trust established for the girl. The
index linked tax free yearly payments of £50,000 will provide ongoing support
and peace of mind for her parents. These will increase to £100,000 per year in
2029 to keep in line with inflation.
The
child’s father was present at the hearing.
18 January 2012
A
woman from Leeds who lost a double filling when it was knocked out by a hard
lump in an Aunt Bessie oven chip has received over £2,000 in injury compensation.
When
Susan Stapylton, 60, complained to Aunt Bessie’s, she was initially offered a
£5 voucher from the manufacturers as injury compensation. She said: “I couldn’t have a drink, and
breathing and coughing…it was a nightmare.
“I
thought at the time, ‘I have seven grandchildren that are young, what if it had
been one of them and they’d swallowed it and it got stuck in their throat?’”
She
had only had the filling put in two days before the chip knocked it out, but as
she was also awaiting a separate operation she then had to rely on temporary
fillings until that was completed and she had recovered. The temporary fillings
fell out four times.
She
said: “I was up all night coughing constantly because it caused mucus which
went down the back of my throat and that made my asthma worse.
“It
was a constant nightmare”
A
spokesperson for Heinz, who make Aunt Bessie’s oven chips, said: “Great care
and attention is given to every aspect of preparing and making our chips, from
sorting and screening of ingredients to the stringent precautions and exacting
standards adhered to during manufacture.
“This
was an isolated complaint and the safety and quality of our products remains of
paramount importance to us.”
01 November 2011
A hotel guest was who
suffered a back injury following an accident at a hotel has successfully
claimed £6,500 in compensation. The
woman tumbled to the ground during a family meal after the chair she was
sitting on collapsed from under her.
As a result of the accident,
the woman suffered soft tissue injuries to her lower back which required
physiotherapy, and continued to cause her discomfort for months after the
accident.
The solicitors acting on
behalf of the injured guest noted that the hotel had “failed to ensure that
their facilities were safe for use and this is what led to her accident”. It
was clear that the chair had been faulty, and this defect had not been dealt
with by the Hotel. Had there been a proper
maintenance system in place, the chair would have been inspected and either
repaired or replaced, preventing the accident from occurring.
Although the hotel did admit
responsibility for the accident, their initial offer of compensation was
low. The solicitors entered into
negotiation on the woman’s behalf, before agreeing the increased payout of
£6,500.
22 October 2011
Mark
Smith, 52, was ordered to pay £250 to Pamela Young after she was bitten on her
left calf by Smith’s dog, a black collie cross breed called Prinze, in April
this year.
Mr
Smith pleaded guilty at Caerphilly Magistrates Court to charges of allowing his
dog to be dangerously out of control in a public place and for causing the
injury.
Prosecutor
Chris Simkins told the court how Ms Young had parked her car to see her
daughter on George Street at around 3 o’clock in the afternoon. Ms Young saw the dog running up the street as
she got out of her car.
Smith’s
dog ran towards her barking, and though Ms Young ran back to her car she could
not open the door because of child locks.
She was subsequently bitten on the left calf as she tried to move her
daughter’s dog away from the attacking dog.
Mr
Simkins said: “She was petrified. She said it felt like someone had stuck a
knife in her leg.”
Ms
Young was treated for lacerations and given antibiotics to stop infection by a
doctor.
Mr
Smith represented himself in court and said he had apologised to Ms Young for
her injuries and offered her compensation. He said the dog had been mistreated
in the past, but was now a family pet.
The
dog now has to be muzzled when in a public place, and kept on a lead at all
times.Mark
Smith, 52, was ordered to pay £250 to Pamela Young after she was bitten on her
left calf by Smith’s dog, a black collie cross breed called Prinze, in April
this year.
Mr
Smith pleaded guilty at Caerphilly Magistrates Court to charges of allowing his
dog to be dangerously out of control in a public place and for causing the
injury.
Prosecutor
Chris Simkins told the court how Ms Young had parked her car to see her
daughter on George Street at around 3 o’clock in the afternoon. Ms Young saw the dog running up the street as
she got out of her car.
Smith’s
dog ran towards her barking, and though Ms Young ran back to her car she could
not open the door because of child locks.
She was subsequently bitten on the left calf as she tried to move her
daughter’s dog away from the attacking dog.
Mr
Simkins said: “She was petrified. She said it felt like someone had stuck a
knife in her leg.”
Ms
Young was treated for lacerations and given antibiotics to stop infection by a
doctor.
Mr
Smith represented himself in court and said he had apologised to Ms Young for
her injuries and offered her compensation. He said the dog had been mistreated
in the past, but was now a family pet.
The
dog now has to be muzzled when in a public place, and kept on a lead at all
times.
09 September 2011
A cyclist who suffered a broken wrist and a sprained ankle when hit by a negligent uninsured driver, has been awarded compensation by Market Harborough Magistrates’ Court.
The driver told the Court that sun was in his eyes and he didn’t see the cyclist approaching as he came out of a turning. The court convicted the driver of driving without due care and attention, fined him £335 and ordered him to pay £200 to the cyclist. He was also banned from driving for nine months after admitting that he had no insurance.
The cyclist may be able to claim further damages via a civil compensation claim. In this case, compensation may be available through the Motor Insurers’ Bureau. This little known organisation enables victims of accidents caused by uninsured or untraced drivers
09 September 2011
A woman who suffered a fractured shoulder, as well as head & neck pain following an accident at an outdoor market has received a £30,000 compensation award. The woman needed to take time off work as a result of the accident, and was not able to return to her previous job role, leading to a reduction in her earnings.
The accident happened when a large metal pole fell from a stall in the market as the woman walked past. Whilst the stallholder did admit liability for the woman’s injuries, the first offer of compensation was considered inadequate. After negotiation, a figure of £30,000 was agreed as an out of court settlement.
09 August 2011
A customer who suffered injuries after slipping on a grape in a Peterborough supermarket has been awarded over £10,000 in compensation.
Supermarket managers admitted their failings, which led to the man’s injuries: "We have thorough processes in place to ensure our store floors are kept clean to prevent anyone from slipping or falling.
"We're extremely sorry that on this occasion we did not meet our own extremely high standards."
The personal injury solicitor dealing with the case confirmed that the size of the award was in line with official guidance for the injuries sustained.
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