Personal Injury Law Blogs

What You Need To Know If A Dog Bites You

Dog bites can cause life-threatening injuries. Even small dogs can render a victim powerless and inflict serious harm. Depending on the breed, nature, and temperament of the dog, the bite can be fatal. Most states hold the owner liable for all damages when it is clear that the dog attacked without provocation. Some states disregard any provocation of the animal and hold the dog’s owner responsible in all situations. There are also instances where the animal is in an unrestricted setting or has escaped from its restraints, resulting in a dog bite on another individual’s property. Determining absolute liability can be a problem when the attack occurs as a combination of factors. Following are a few points of consideration if you’re ever the victim of a dog attack.

1.  Medical Care

If you’ve suffered a dog bite, you have the right to file a claim against the dog’s owner to cover medical bills associated with the attack; and he or she may also be liable for more damages based on case evidence. In a particularly vicious attack, the dog may inflict multiple wounds and leave extensive damage requiring long term care.

An assessment of the dog’s health may dictate the regimen of care you receive. For example if the dog is unwell, or worse, if it is rabid, you will have to undergo a round of injections to avoid contracting rabies. Sometimes the treatment can be worse than the actual bite injury. After securing the medical attention you need, the next step is to find a good personal injury lawyer. You may find the legal advice you need at websites such as http://www.maryland-injury-lawyer.com/.    

2.  Financial Concerns

If, because of your injuries, you experience a prolonged absence from work, you may also be entitled to compensation from the dog’s owner. A claim for compensation could include loss of wages and reimbursement for basic expenses.

3.  Dog-bite Laws

Some dogs are classified as vicious breeds, and many states have strict liability laws to deal with their behavior. In states with strict liability laws, a dog owner is automatically held liable for his dog’s actions. In states with more lenient statutes, the dog’s owner is not liable the first time the dog bites someone. If the dog has exhibited aggressive behavior in the past or is classified as a vicious breed, the one-bite law may not apply.

4. Dog Owner Issues

Courts in most states will take into consideration the negligence or carelessness of the dog owner when determining liability. Did the owner keep the dog on a leash? Was the dog properly confined? Did the owner take precautions to protect guests based on his prior knowledge of the dog’s temperament? Did he make sure the dog had annual rabies and associated inoculations?

Most domesticated dogs are friendly, gentle and safe—around their families. Even if you’re visiting a relative with a dog, use caution and wisdom when approaching him. Don’t try to pet him unless he’s aware of your presence. Don’t run if he startles you because he’s likely to give chase. Never try to pet a dog who’s eating or sleeping. Allow the dog to become accustomed to your presence and only play with or pet him when the dog’s owner is around.

 

Writer LaGeris Underwood Bell is both a homeowner and a dog lover and shares this article to help guide dog bite victims through the process of financial and physical recovery. The Maryland legal team of Price Benowitz LLP has decades of experience handling personal injury cases like these. Their record of success is rock solid, and they offer sound legal advice in cases of dog bite injury for any client.

 

 

Photo credit http://www.socialsecurity.gov/pubs/EN-05-10064.pdf

 

 

 

Claim compensation for a broken arm

There are numerous ways in which you can break your arm – perhaps you were the victim of a road traffic accident, a sporting fixture, a fall at work or slipping on a wet floor in public. The consequences can be dire. Your arm is likely to be in an uncomfortable cast for weeks, from the elbow down in most cases but the shoulder down in the most unfortunate instances. You will require regular trips to the radiology department to check on the progress of your injury and sadly, some victims will never regain full motion in their arm. An arm fracture can therefore have very serious effects both physically and psychologically.

A broken arm is likely to lead to you needing a significant period of time off work, particularly if you work in some form of manual labour. You may also find that you have to stop driving and will lose amenity by not being able to do things around the house or for recreational enjoyment such as DIY or gardening.

Types of accident claim damages

If you have broken your arm and you are able to prove that it was the fault of a third party, you can rightly claim compensation for your physical, emotional and financial hardship. There are two types of damages will generally form your compensation award:

Special damages: these are designed to put a quantitative value on the physical and emotional pain you have experienced. The seriousness of your injury will be crucial in determining this award – arm fractures where the bone is splintered, crushed or nerves and vessels are torn could be considered to be particularly serious and will therefore generally lead to higher payouts.

General damages: these will cover your financial losses due to the loss of income, medical expenses and the cost of hiring people to help around the home whilst you are immobilised

The need for a specialist accident claim solicitor

It is of crucial importance that you instruct a specialist personal injury solicitor to take charge of your compensation claim.

A specialist would be able to quickly determine whether or not you have grounds for a compensation claim and how much you may be awarded in damages. It is always important that you collect as much evidence as you can before meeting your solicitor so that they can deal with what can often be a complicated claims process as quickly as possible. Your solicitor will need to contact one or more independent medical experts who will examine you and then write a report about the injuries you have sustained. This report is vital to your evidence and this is another reason why it is important that you instruct a specialist solicitor with a network of respected medical experts to call upon. Considering that the defence is likely to instruct a specialist of your own, it really is important that you do the same in order to avoid putting yourself at a disadvantage before you even begin.

Tim Bishop is senior partner of Bonallack and Bishop, specialist medical negligence and compensation claim solicitors. For more information, or for specialist legal advice on how to claim compensation, call their compensation claim team directly on 01722 422300 or visit their specialist website at http://www.how-to-claim-compensation.co.uk

 

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Is it Safer to Drive or Take Public Transit?

As the United States gravitates toward greener living, many Americans ponder the various ways of commuting to work. Most citizens simply want to know which is safer, driving a privately owned vehicle or taking public transportation. However, other people are more interested in finding ways of making all forms of transportation safer to use.

Safety Statistics

Determining which mode of transportation is the safest is an easy task. Several government agencies, organizations, and industries have collected statistical data relating to motor vehicle and public transit accidents over the past few decades. For instance, the National Highway Traffic Safety Administration (NHTSA) reported 32,885 fatalities due to crashes in 2010.  NHTSA also broke down the grand total into categories by what mode of transportation the person was using when the fatal crash occurred.

•           Passenger cars – 12,435
•           Light trucks – 9,752
•           Large trucks – 529
•           Buses – 44
•           Other/Unknown type of vehicle – 543
•           Motorcycles – 4,502
•           Pedestrian – 4,280
•           Pedal-cyclist – 618
•           Other form of non-motorized transportation – 182

Although this data only reflects a single year’s fatalities, NHTSA’s Fatal Accident Reporting System’s comparison results have been consistent since 1994. Each of the archived FARS reports from 1994-2010 clearly demonstrate that buses have fewer fatalities than any other form of transportation covered by the reports.

The Bureau of Transportation Statistics (BTS) also provides proof that modes of public transportation have consistently been safer than privately owned vehicles for decades. According to BTS, there were 279 fatalities involving a combination of motor bus, commuter rail, heavy rail, light rail, demand response, van pool, and automated guide-way in 2010. However, unlike the FARS statistics, the BTS total fatality count includes all reported incidents, including work accidents, and are not merely crash fatalities. Much statistical data exists regarding injuries due to collisions and specific types of transportation as well. The majority of the research results are available online and at public libraries.

Safety Improvements

Determining ways to improve the safety of all forms of travel simultaneously is not an easy task. Each mode presents its own unique risk factors, which makes it difficult to create a single solution that resolves all the safety hazards involved. Generally, these elements must be a part of the solution:

• building of new infrastructures, such as highways, rails, and bridges to meet growing demands and to reduce traffic congestion;

• repair or replacement of damaged infrastructures, such as older roads and bridges;

• good maintenance and upkeep of existing infrastructures;

• research to discover new technology and to further develop older technology;

• improved methods of integrating the various modalities, especially in highly populated areas – such as adding sidewalks, bicycle lanes, and bus lanes to highways and more railroad crossing gates at busy intersections;

• safety awareness campaigns to make the general population more safety conscious;

• more conformity and better enforcement of laws and regulations that were designed to improve safer use of each type of transportation mode; and

• improved, safer vehicles.

Manufacturers of various vehicles constantly work toward building safer, more efficient vehicles. Many colleges, universities, and private organizations are working to create and develop the necessary technology. And as of July 6, 2012, the federal government has enacted the Moving Ahead for Progress in the 21st Century law. Known as MAP-21, this law provides essential funding and alters the previous policy and programmatic framework for investments in the country’s transportation infrastructure. MAP-21 addresses the challenges of improving safety, maintaining infrastructures, reducing traffic congestion, increasing efficiency of the system, and protecting the environment. Additionally, all state governments are supposed to initiate their own programs in 2013 and 2014 to help increase the safety and efficiency of all modes of transportation.

Byline

J.P. Hartley is a freelance legal writer who specializes in Auto Accidents, Constitutional Law, the U.S. Tax Code, Real Estate Law, Personal Injury and other areas as well.

Bike and Motor Vehicle Accidents: Finding Fault

Robert Morrissey is a recent law school graduate who has picked up a love of writing. He contributes frequently to Solomon-Relihan, a law firm based out of Arizona. When he’s not writing or making the coffee at his office, Robert spends time traveling and volunteering in his community.

With rising gas prices and more attention being paid to staying fit and ‘going green,’ more people are opting to ride their bicycles as opposed to driving or taking public transportation. If you have been biking with traffic for any length of time, however, you know the dangers inherent to sharing the road with vehicles. Many drivers are simply not use to sharing the road with cyclists. As a result, drivers aren’t paying the attention they need to spot a bicyclist sharing the road with them.

In the United States in 2010, the U.S. Department of Transportation reported that 52,000 bicyclists were injured in collisions with motor vehicles. An additional 618 cyclists were killed. Both of these numbers make up roughly 2 percent of all motor vehicle traffic accidents and traffic fatalities. Where ever there is a mix of bikes and cars, accidents are sure to happen. The more crowded and compact the area, the greater risk for accidents.

A bicyclist needs to pay special attention to what’s going on around them. However, if they are in an accident with a motor vehicle, the chances of being injured are substantial. Lawsuits to recover damages resulting from injuries to a bicyclist by a motor vehicle include the same issues as any motor vehicle accident lawsuit. A cyclist involved in an accident with a vehicle should seek the guidance of a car accident lawyer to determine if they are eligible to collect damages.

Proving Negligence

Fault for an accident usually comes down to negligence, either on the part of the motor vehicle driver or that of the bicyclist. Bicyclists must obey the rules of the road the same as motor vehicles. In addition, a bicyclist should take measures to ensure their own safety when sharing the road with vehicles.

If a bicyclist has suffered an injury and sues for damages, the outcome will generally depend on several circumstances. First, did the driver of the vehicle show negligence which led to the injuries sustained by the bicyclist? Second, did any negligence on the part of the bicyclist cause or contribute to the accident?

Negligence on the part of a vehicle driver can result from a number of reasons. Speeding, running a stop sign, or drifting into a marked bike lane are just a few causes of negligence on the part of drivers that may lead to an accident with a cyclist. Even parked cars can be a danger. For example, “dooring,” or opening a car door immediately in front of a bicyclist without looking, is a major cause of accidents between bikes and automobiles, usually resulting in injury to the cyclist if they don’t have time to react.

When a bicyclist sues to recover damages from an accident, they must prove negligence on the part of the defendant either through eyewitnesses or other testimony. Other testimony may include video from local surveillance cameras or a violation cited to the driver at the time of the accident. For example, a speeding ticket issued at the time of the accident would count as evidence of negligence.

Negligence on the part of the cyclist will also play into the amount of damages collected by the cyclist. A cyclist would display negligence by riding the wrong way on a one way street, ignoring traffic laws, or making an abrupt turn into traffic. If a cyclist’s negligence is deemed to have contributed to the accident, this is known as contributory or comparative negligence. As a result, the cyclist may not be able to collect for injuries suffered in the accident.

Talks of Harsher Regulations for Careless Drivers

Personal injury is an umbrella term for injuries that have been suffered to the body or the mind. From a legal perspective, there doesn’t have to be any visual evidence of personal injury and if it can be proved it has caused emotional or physical damage, the victim may have a case. Personal injury is usually caused by the negligence or recklessness of a third party, however could be caused by intent, making their case a lot stronger.

The most common types of personal injury cases are suffered either in the workplace, otherwise known as industrial disease, or on the road. There are many types of injuries that can be suffered due to working conditions, from vibration white finger to chronic bronchitis and they will usually depend on the area of work.

However, the common cause of road traffic accidents is the negligence of other road users and recently there have been proposals of harsher penalties for those who don’t follow the rules of the road. We have seen an increase in road traffic accidents, which has led to an upsurge in whiplash claims. As further control over bogus personal injury claims being made, the Government are thought to be introducing further legislation to target the problem.

Motorists who are found to be sitting in the middle lane, tailgating or using the wrong lane at a roundabout could face serious fines and three points on their licence. It is hoped that the new laws will make people think more about their driving etiquette, reducing the amount of accidents we see on the roads.

At present, a police officer could pull over anyone who is driving carelessly or recklessly, however they would only give a warning. The new laws will allow police officers more control over the penalties they give and will be able to enforce harsher punishments. Police officers are the only ones who can enforce the rule and cameras will not be used, as it could be difficult to control.

Tailgating is just one of the offences that will be penalised and ignoring signs, driving too fast on the road for the weather conditions and poor lane discipline are other offences that will bring repercussions. There are also talks of introducing harsher regulations when it comes to using a mobile phone with the fine rising to £90 as well as the three driving license points. Failing to wear a seat belt will also bring harsher penalties.

Careless driving is a blurry issue and while there are clear cut rules for offences such as speeding and using a mobile phone, not many people are aware of the fines they could face when it comes to these bad habits. While they can cause frustration with other drivers, there has previously been no rules to control the behaviour, meaning the new laws will probably be met with a lot of praise from road users.

It has been said that the legislation will be monitored appropriately and police officers will have to make reasonable judgements. Anyone can make a small mistake and there is worry that the situation will be misjudged and those who don’t have the intent of causing problems will be reprimanded. However, action does need to be taken and as long as the situation is controlled accordingly, it is likely that the amount of personal injury claims will be significantly reduced over a short period of time.

Phoebe Willan, writing on behalf of Walker Prestons, a solicitors firm based in Blackburn, Lancashire.

How to avoid asbestos related disease at work

Asbestos fibres, elongated and extremely small are carcinogenic. It’s as simple as that. Once you’ve inhaled them, their shape and size cause them to work their way into your bronchi, alveoli and pleura where they might eventually cause acute and often terminal conditions such as asbestosis, cancer and mesothelioma. Your respiratory tract and lungs cannot expel asbestos fibres once they’ve been inhaled and so controlling asbestos exposure becomes paramount and is the primary purpose of the Control of Asbestos Regulations 2012.

Since bans on the extraction and use of asbestos came into force in the UK at the end of the last century, it is now primarily to be found in buildings constructed before the year 2000 in the form of asbestos containing materials (ACMs) including asbestos insulating board (AIB) and in dust from these composite materials lodged in ceiling and floor cavities. Legislation, specifically the Control of Asbestos Regulations mentioned above and more generally the Health and Safety in the Work Place Act 1974 exist to place a legal duty on employers to control asbestos exposure at work in the course of maintenance, repair or demolition of pre 2000 buildings and protect the health, safety and wellbeing of their employees undertaking such work. The same duty of care also extends to any non-employees who might be at potential risk, such as householders if the work is taking place in a domestic building.

Avoiding  asbestos related disease at work –  the law

Employers have a legal duty to provide:

1) Training in asbestos awareness to their employees.

2) Specific training in ‘non licensable’ and where applicable ‘licensable’ asbestos work, the latter referring to all work with asbestos lagging, insulation, sprayed coating and most insulation boards which requires a licence to undertake.

The basic rule in undertaking work in pre year 2000 built buildings is not to disturb anything containing or suspected of containing asbestos. Obviously some tasks make this disturbance inevitable in which case, considerable safety measures have to be taken to safeguard the health of the workers involved. This will include but not solely consist of the following:

• Researching prevalence of asbestos in the building from historical sources, i.e. plans, records of previous work etc.

• Using the provided personal protective equipment as trained to do.

• Avoiding working methods that create a lot of dust, i.e. power tools.

• Use wet rags or type ‘H’ vacuum cleaners to remove dust and debris.

• Cleaning waste away before it accumulates, double bagging and tying it and taking it to a licensed tip.

• Telling people nearby what you are doing.

• Using appropriate equipment, method and task sheets to control work.

• Not eating, drinking or smoking in the work area.

• Not re-using one-use disposable protective overalls or face masks.

• Washing/showering before breaks and before going home.

• Not walking on fragile ACM material.

 If you have suffered asbestos related disease at work in England and Wales, then you could be entitled to make a work accident claim for compensation.

Tim Bishop senior partner of Bonallack and Bishop – Solicitors with a specialist team of work accident experts. For more information about how to claim compensation for industrial disease or a work related accident, visit their specialist website at http://www.workaccidentsolicitors.co.uk or phone their workplace accident solicitors on 01722 422300.

US Travel Injury Claims Information for UK Travelers

Statue of liberty

Tens of millions of tourists arrive in the United States every year to experience its many landmarks, rich melting pot of cultures, and natural beauty. Most tourists will bring back photographs and fond memories. Unfortunately, not all vacations go as planned. Accidents can happen anywhere, and the United States is no exception. When traveling abroad, take a few steps beforehand to minimize the chances of an injury and for those who plan on staying in the US, consider hiring an immigration attorney for any legal assistance you may need.

Before Your Trip

Before visiting the United States, visitors may wish to look into automobile and health insurance. Automobile insurance is required to drive in the United States. Additionally, accidents are common sources of lawsuits in the United States. Rental car companies will usually offer a multitude of choices for insurance, including collision damage waivers and supplemental liability insurance. For an international traveler, getting both will be worthwhile. For health insurance, look into a temporary plan with extensive coverage; medical care in the United States can be very expensive. You may also want to be sure you have a customs attorney in your contacts just in case you have any troubles while on your trip.

Travelers should also identify their local consulate before traveling to the United States. In the unfortunate event that a United Kingdom passport is lost or stolen, the local Consulate General will help travelers replace their documents. The local consulate can also give travel advice. There are nine British Consulate Generals in the United States in different major cities; the British Embassy is located in Washington D.C. Knowing which is nearest to you is always prudent.

Additionally, international travelers should consider their mobile phone access. The United States has a wide coverage area for mobile phone users, but not all plans cover all countries. If your carrier considers the United States a roaming area, it may be wise to change your plan beforehand, as an unintentional extended stay or unexpected series of calls can greatly increase the cost of the trip. Alternatively, visitors can buy inexpensive prepaid mobile phones once in the United States. Visitors can simply buy a new phone, register the number, and use it for calls within the United States. When ready to leave, discard the mobile phone.

What to do if an Accident Occurs

In the unfortunate event of personal injury, leave the liability assessment to a professional, a lawyer with extensive experience in international and holiday injury claims such as Houston, Texas-based Michael P Doyle of Doyler Raizner, LLP. If the incident involved injury to someone else or that person’s property, document the incident extensively. Take as many photographs of the scene as possible and memorize the license plate numbers of the vehicles involved in the collision. It is unlawful to leave the scene of an accident in the United States without exchanging information, and in the event of a hit-and-run incident, victims will be able to identify the fleeing vehicle.

Contact emergency services immediately if any accident occurs and anyone is injured. In the United States, the emergency phone number is 9-1-1, which provides the same essential emergency services as 9-9-9. Describe the nature of the incident and respond to the dispatcher’s questions. If travelers are unsure of their location, they should provide the nearest street address and the street name, or ask someone nearby.

If a tourist is involved in an automobile accident and if he or she has obtained the proper insurance, he or she will have little involvement in subsequent proceedings beyond making a statement to the insurance company and providing copies of the police report. In the United States, the at-fault party’s insurance generally pays for the damages. In such a case, the victim contacts the at-fault party’s insurance and initiates a claim by phone. The insurer will send out an independent adjuster to inspect the damages and recommend a payment amount.

Victims who are not adequately insured can seek legal counsel in the United States and file a lawsuit against the at-fault party. However, this is expensive, time-consuming, and with planning, unnecessary. With just a few simple precautions, filing a claim for injuries to persons or vehicles will not be necessary. Insurers will subrogate the claims, allowing victims to heal quickly and get on with their vacations.

Akilah S. Richards has worked as a legal assistant in the area of personal injury, and knows how effective an experienced lawyer can be in helping manage the accompanying stress and legal necessities of an accident.  If you or someone you love has been hurt, possibly due to someone else’s negligence, consider contacting Michael P Doyle of Doyle Raizner, LLP for sound advice on what to do next.

Photo Credit: http://www.flickr.com/photos/thomasjm980/8055665322/

Top 10 Questions to Ask Before Hiring a Rhode Island Personal Injury Lawyer

We all love top 10 lists…Letterman has them, so why shouldn’t personal injury lawyers? So here is my top 10 necessary questions to ask before hiring a Rhode Island personal injury lawyer.

a Rhode Island Personal Injury LawyerChoosing a personal injury attorney can be difficult.

But if you keep in mind my ten important questions from a Rhode Island personal injury attorney, you will undoubtedly find a fantastic lawyer that meets your needs.

Top 10 Questions When Hiring a Rhode Island Personal Injury Lawyer

1.What’s your fee?

When it comes to personal injury fee agreements, most are based on what’s known as a contingency fee agreement. Contingency fees are important to know about before hiring a personal injury attorney. The lawyer is paid a percentage of the money received from the party or the party’s insurance company who’s at fault if the lawyer is able to settle or win the case.

With contingency, there will be no legal fee without a monetary recovery, and contingency fees are typically negotiated between the attorney and client. They span from

(more…) “Top 10 Questions to Ask Before Hiring a Rhode Island Personal Injury Lawyer”

Thousands of Vehicle Recalls in 2013

Thousands upon thousands of vehicles have been recalled this year and it’s only June. It seems as if every major vehicle manufacturer has had to recall some vehicle for a defect. Most Japanese made vehicles that were recalled were due to faulty parts from a parts manufacturer in Japan. Even the world’s most popular manufacturer, Toyota, was among the ever-long list of recalls.

What’s happening with all the recalls?

First, several vehicle manufacturers acquire their parts from other manufacturers, so if that parts manufacturer creates a faulty product, then several vehicles are going to be defective. This has happened both in Japan and in the U.S. and it leads to massive recalls.

Also, some vehicles are not properly built for the conditions they are driven in. For those in the northern areas of the U.S., salt is used on roadways during winter to keep roads from being so slick. However, corrosion can cause major issues in vehicles, damaging electrical circuitry and causing fires. Cases have already been reported due to such defects in GM vehicles that caused fires.

While we can easily blame a car manufacturer, it’s typically the parts manufacturer that is at fault in these cases because they provide a product that becomes defective in several makes and models. However, vehicle manufacturers deal with the major effects of recalls.

Has anyone been injured?

Surprisingly, only a few people have reported injuries throughout the tremendous number of recalls. However, this does not mean injuries cannot occur at this time. Some recalls are still ongoing and some are being investigated by the National Highway Traffic Safety Administration. Injuries are still prone to occur when defective vehicles are driven without knowledge of risk.

When an injury does occur as a result of such a defect, the vehicle manufacturer is at fault. Vehicle owners can claim compensation for the injuries they have sustained and for damage of their vehicle and personal belongings.

How can you take action if hurt?

Taking legal action against a vehicle manufacturer is possible if you’ve been injured, but you want the help of a personal injury lawyer who specializes in product liability as well. Such a lawyer can help you settle your claim with the manufacturer for the amount of compensation you need.

The most important part of the claiming process is to act fast. Most people wait too long to contact a lawyer, thus forgoing the amount of time they have to settle. If you have been injured and you are not at fault for the injury, then you can claim compensation from the manufacturer at fault.

A personal injury lawyer will guide you through the steps of the claiming process and some will even meet with you at no charge. Find a lawyer in your area who is respected and reputable as you claim compensation for such injuries.

Worker could make personal injury claim after concrete manufacturer’s health and safety failings

A worker at a concrete factory in Ayrshire, Scotland, could claim personal injury against his former employer after he was seriously hurt in a workplace accident.

Mr Christopher Fay worked for Hillhouse Precast Concrete Ltd in Mains Road, Beith, before his accident occurred on 18 January 2010. On the day in question Mr Fay was standing next to a machine when another of Hillhouse’s employees turned it on remotely. Mr Fay was caught unawares by this and his glove was trapped in the machine. This resulted in his right arm being drawn into the machine and being crushed between the rollers of the machine. As a result Mr Fay was off work for a considerable period of time. He has now returned to work but not for the same employer.

The Health and Safety Executive was subsequently notified of the accident and took steps to investigate. This investigation resulted in a recommendation that Hillhouse Precast Concrete be prosecuted for serious health and safety breaches, namely breaches of the Provision and Use of Work Equipment Regulations 1998.

The matter came before the Kilmarnock Sheriff Court on 24 June 2013. The court was told that approximately a month before the accident took place the handle of the machine that injured Mr Fay started to leak hydraulic fluid. As a result the machine was fixed and a new handle was installed. However, no-one noticed that the new handle that was installed was capable of being left on the “on” position whereas the old handle had not. The HSE investigation therefore concluded that the company had failed to recognise that the “hold to run” control switch on the machine was a safety feature of the device and the company had therefore failed in its duty to appropriately maintain the machine or repair the machine with the proper switch.

Hillhouse Precast Concrete Ltd pleaded guilty to a breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998. It was therefore fined £10,000 but was not – as is usual – ordered to pay the prosecution’s costs.

The criminal defence solicitors for Hillhouse Precast Concrete Ltd did not comment on the judgment.

Marc Hadrill, a solicitor at Redmans, commented on the case that: “The injury to Mr Fay was a pure mistake on the company’s behalf but even so they still ended up with a heavy fine. It’s imperative that firms – whatever they do – take steps to maintain work equipment properly as a failure to do so can result in serious injuries to workers and sometimes even death”.

A Health and Safety Executive inspector, Mr Mark Carroll, stated that “As a result [of the accident] Mr Fay was badly injured and permanently scarred. Hillhouse Precast Concrete Ltd has introduced measures and bought new equipment to avoid a repeat of the incident, but it could have been prevented by better consideration of how the repair work affected the safe operation of the roller”.

Redmans offer specialist employment law advice from their employment law solicitors in London

The need for occupational health and safety lawyers, such as mesothelioma lawyers, is important, especially for those who are working in the construction business as they’re exposed to chemicals such as asbestos. If you think that you’ve been injured at work then you may wish to submit a grievance against your employer. You can do this by downloading a grievance letter template and submitting this to your employer.