Personal Injury Law Blogs

Best Ways to Decrease Ice Build-Up on Your Sidewalks and Driveways

Ice build-up is a real problem during the wintertime. When ice builds up on your sidewalks and your driveways, it can become hazardous and can increase the chance of slips and falls. While it can be a hassle to deal with the ice build-up on sidewalks and driveways, decreasing this build-up is paramount for your safety. Here are some of the best ways to decrease ice build-up on your sidewalks and driveways to prevent injuries from falling.

 

Use Your Muscles to Get Rid of Ice and Snow

Sometimes there’s just no substitute for good, old-fashioned muscle. If you see ice and snow building up on your sidewalks and driveways, take a shovel, dress warmly and then manually shovel the snow away. The key to decreasing the inevitable build-up of ice after snowfall is to quickly shovel the snow away. If you let the snow just sit there, it will partially melt in the daytime, but then refreeze during the night when the temperatures are so much colder.

 

Use an Electric Snow Blower

If you’re incapable of shoveling snow for whatever reason, then you can always fall back on an electric snow blower to decrease ice build-up. Utilizing an electric snow blower beats relying on a gas-powered snow blower. While you will be using up electricity, you at least won’t be utilizing a machine that contributes to air and noise pollution. Remember, removing the snow shortly after it falls ensures that the snow can’t partially melt, refreeze overnight and then turn into ice build-up the next day.

 

Have You Ever Tried Coffee Grounds?

This is something of a folk-remedy approach to decreasing the ice build-up on your sidewalks and driveways, but it works! You’ve probably heard of sprinkling salt on the ground for traction and footing purposes. Spreading coffee grounds on the sidewalk after freshly fallen snow works in the same way. It will give you solid traction as you attempt to remove the snow by either shoveling it manually or using a snow blower on it.

 

Give Ice Clear a Try

Ice Clear is a product that will effectively decrease the ice build-up on your sidewalks and driveways. Another great thing about it is that it is 100 percent biodegradable and organic, without any corrosive salts or toxic materials. In other words, it’s environmentally friendly. The way it works is that it stops ice from bonding to either the sidewalk or the driveway, thereby making the removal of ice and snow more efficient. You can be preemptive by applying Ice Clear prior to a winter storm, so that ice doesn’t bond to the surface of the walkways. Alternately, you can apply Ice Clear after snow falls to melt ice and snow.

 

These are the four best ways to decrease ice build-up on both your sidewalks and driveways. There are many ways at your disposal for the removal of ice build-up. It’s always a good idea to decrease any ice build-up because it will be a hazard for you and your family that can potentially result in injuries.

 

If you have been injured because of another person’s failure to remove snow and ice on their property, contact a legal professional to review your case.  David Resnick & Associates, PC is a slip and fall law firm with experienced attorneys working for New York communities.  For more information about slip and fall accidents, visit the website at www.NYC-SlipAndFall.com.

Recall for Metal-on-Metal Hip Implants

hip replacementThere is an increasing risk for patients who have been fitted with a metal-on-metal hip implant, with recent orthopedic studies finding that 1 to 3 percent of patients need additional surgery to help with the pain and severe disability they feel after their metal-on-metal hip is implanted. It has gotten so bad that the Mayo Clinic has reported they have reduced the amount of metal-on-metal hip implants they use by as much as 80 percent from last year. Although none of the experts can seem to agree as to what the cause is for the defect, with many blaming design factors, metal and plastic combinations, and even patient immune systems, it is a reason for concern according to the Food and Drug Administration.

If you or somebody you love has had a metal-on-metal hip implant, then you should have them check their model to make sure it’s not one of these three metal-on-metal hip implants that have been recalled.

Smith & Nephew R3 Metal Liners of the R3 Acetabular System

This is the most recent metal-on-metal hip implant recall, and one of the largest. In June of 2012, Smith & Nephew Orthopedics got the ball rolling on a country-wide recall of the metal liners on their R3 acetabular system. The reason they gave for the recall was a higher than usual amount of revision surgeries required for patients after installation. When there are so many additional surgeries required, it means that a significant number of patients were having serious complications with the implant.

DePuy ASR XL Acetabular System

DePuy Orthopedics, a division of Johnson & Johnson, the world’s largest manufacturer of all-metal devices, issued a recall of their ASR TM total hip system. The reason behind the recall was a study that found that there was a 13 percent revision rate within 5 years. The recall was a black eye for Johnson & Johnson, and received coverage in most of the major media outlets that were more than eager to point out that the company was in ownership of DePuy.

Zimmer Durom Acetabular Component

Some recalls are done because of a faulty piece of equipment or a flaw in the manufacturing, but some are due to other reasons entirely. In 2008, Zimmer Durom had to issue a recall on their product because the instructions they provided for surgical use were found to be totally inadequate. When a company can’t get the instructions right, do you really want a piece of their equipment inside your body?

Product recalls are usually the sign of a company taking responsibility for a design flaw or a dangerous product that they have sold to consumers. It’s a good thing to get these dangerous products off of store shelves before an innocent consumer is hurt. But what do you do when the product that is being recalled is installed inside your body? That’s the question facing all the people who have metal-on-metal hip implants installed and see their brand come up on a product recall.

If you have suffered pain and injury because of a faulty metal-on-metal hip implant, then you may be able to receive a form of financial compensation from the manufacturer. Speak with your doctor and contact an attorney so that you can be properly informed of all of your options.  Philip DeBerard is a defective metal-on-metal joint replacement and product liability lawyer.  For more information about defective medical devices and recalls, visit the website at

www.FlaInjuryLawyer.com.

Injury Statistics for Motorcycle Crashes in North Carolina

motorcycle accidentsRiding a motorcycle can be a very freeing experience for the tens of thousands of people who use a bike as their main mode of transportation. Motorcycles aren’t without drawbacks though. The risk of serious injury increases significantly when riding a motorcycle. Many motorists are not used to sharing the road with motorcycles and are more likely to cut them off or sideswipe them. Motorcycles themselves offer no protection in an accident and the equipment that is worn can only offer minimal protection. How dangerous is riding a motorcycle? Below are some injury statistics for motorcycle crashes in North Carolina.

Does Riding a Motorcycle Increase the Chances of an Injury?

The National Highway Traffic Safety Administration has studied automobile accidents and has concluded that the rider of a motorcycle is 37 times more likely to die in an accident compared to the occupants of a standard car. In an average year there are around 96,000 people injured in motorcycle accidents across the country. The inherent problem with motorcycles is that even a small accident can result in a serious injury; you are more likely to suffer a long-term injury while riding a motorcycle than you are in any other mode of transportation.

Motorcycle Deaths in North Carolina

In 2008 the National Highway Traffic Safety Administration released a report on motorcycle accidents in the United States of America and found that out of the 5,290 motorcycle fatalities, 159 of those took place in North Carolina. A report put out by AAA studying motorcycle traffic fatalities by state found that in the first 9 months of 2010 there were 147 motorcycle fatalities, and in the first 9 months of 2011 there were only 116. Although the numbers are significant enough to be one of the highest by state, they are still decreasing. This could be due to more riders wearing safety gear or even motorists becoming more aware of motorcycle riders.

How to Protect Yourself

Although motorcycles themselves offer no protection, riders can still be protected by the equipment they wear. Wearing a motorcycle helmet can decrease the chance of death in an accident by as much as 29 percent and decrease the chance of a traumatic brain injury by 67 percent. Even though motorcycles are more dangerous than cars, you can still take precautions to protect your well-being while riding them.

In the state of North Carolina, 7.1 percent of all traffic fatalities come from motorcycle accidents and for every 10,000 people who ride a motorcycle 11.9 of them will be involved in a fatal accident. The numbers are hard to ignore; riding a motorcycle is a dangerous thing to do. However, there are steps you can take to protect yourself, such as wearing adequate safety gear and paying attention to other motorists. In case of an accident, it is necessary to make sure you are properly insured so that you can cover any medical bills that you may incur. Being safe should always be the top priority of any motorist, motorcycle riders included.

If you or a loved one have been injured or killed in a motorcycle accident as a result of another motorist’s negligence, seeking the advice of legal counsel is essential.  Hardison & Cochran, Attorneys at Law are motorcycle accident lawyers located in North Carolina.  For more information about motorcycle accidents and injuries, visit the website at www.LawyerNC.com.

5 Ways to Be Prepared in the Event of an Auto Accident

Regardless of how well or safe a person drives, there is always a chance of having a car accident. No one likes to think about this, however, the first thing to do is be as cool and collected as possible. This can be accomplished with some preparation beforehand. It is obviously traumatic, however, the ordeal will be much easier to handle if you consider the tips below and have certain things on hand, should a car accident occur.

1. Safety. The first and most important consideration is your safety and that of others. Move the vehicles to the side of the road if possible. Turn on the hazard lights of each vehicle so that other drivers can avoid the scene. To the extent you are able, check to make sure that passengers in your car and the other vehicle are alright. Call 911 immediately if it seems like someone could be seriously injured. Ensure that you carry an emergency kit in the car at all times that includes medical first aid items. Also have flairs, a blanket, water, flashlight and other essentials handy.

2. Accident Details. Once you have the car safely out of the way and ensured everyone’s safety, record what has occurred with a cell phone or other device. It is good to do this with both photos and video if possible. Then write down notes pertaining to the time of day, where you were traveling and how the accident occurred to your knowledge.

3. Witnesses. If anyone stops who may have seen anything, find out if they can stay until the police get there. Also take down notes about what they say they have seen, as well as all of their pertinent contact information.

4. Factual Evidence. It is very important to get all of the names, telephone numbers, addresses and insurance information from the other parties and provide yours to them. Doing this right away is also important in case any of the other parties should leave the scene before the police arrive. Write down information and take photos of the other vehicles involved and their license plate numbers. Also obtain the vehicle identification numbers in addition to all license plate numbers.

5. Following up. Ensure that a police report is filed and that you obtain a copy of it. Before filing an insurance claim, it is recommended that you contact a lawyer first to help you navigate the process. A prominent auto accident lawyer in West Palm Beach FL states that, “The Insurance Research Council reported that auto accident victims who had a lawyer, on average, received 3 ½ times more money than if they went it alone.” Though you are a client of the insurance company, keep in mind that they will be trying to minimize costs as much as possible. Having an attorney can help to ensure that you receive all that is necessary to recoup and repair damages. Ensure that you seek follow-up medical attention and do all that is recommended, including physical and mental therapy as may be necessary.

Having a car accident is not something anyone wants to even think about. However, taking some time to prepare for the possibility could provide peace of mind in knowing that if one should occur, you will have the necessary information to process a claim. If you or someone you know should become involved in a car accident, be sure to first make note of all of the facts. Contact a competent personal injury lawyer as soon as possible to ensure that your rights are protected and to recover damages for medical bills, repair costs, loss of income and other expenses.

Nickey Williams is an educator and writer from Mobile, Alabama. Steinger, Iscoe & Greene has an auto accident lawyer in West Palm Beach available day or night to explain your rights and options. They will help you get back on your feet and deal with the insurance company on your behalf.

Photo credit: http://www.flickr.com/photos/89619746@N02/8153022006/

The Division of Personal Injury Awards in a Texas Divorce

According to a divorce lawyer, property coming into the possession of one or both spouses is presumed to be marital property to be divided between them in the event of a divorce. Overcoming the presumption requires clear and convincing evidence to prove that property is the separate property of only one of the spouses with the help of a divorce lawyer as well. A personal injury award has been the subject of legislation and court decisions to decide if it is community property or separate property with the assistance of a family law firm. See this video for an excellent overview on what constitutes separate property in Texas.

The Texas Family Code Section 3.001

Texas Family Code section 3.001 categorizes an award or settlement for personal injuries as separate property belonging to the person receiving it. The exception in the statute is lost earning capacity during the marriage which is treated as community property, according to a divorce law attorney in case of divorce the property must be divided, and is when resources as a chicago divorce lawyer could be really helpful for this case of these situations.

Courts have ruled on the wording of Texas Family Code section 3.001 by declaring the following elements of a personal injury payment to be community property:

  • Loss of a person’s earning capacity during the marriage
  • Reimbursement for medical expenses incurred during the marriage
  • Damages to a person’s credit reputation

What if Award is Replacement for Earnings?

Other courts have declared disability insurance and workers’ compensation payments to be community property on the theory that such payments replace an injured person’s earnings, and a person’s earnings would normally be community property. Some courts have adopted a similar rationale in ruling that money received as compensation for damage to community property is to be considered as community property.

Court decisions have interpreted the Family Code to include the following elements of a personal injury claim as separate property:

  • Conscious pain and suffering
  • Mental anguish
  • Scarring and disfigurement
  • Compensation for the loss of the love and companionship of an injured spouse

Troublesome Lump Sum Payments

According to a family law attorney, problems may arise in cases involving a single payment for a personal injury claim with no allocation made as what it is paying. Courts treat such payments as community property unless it can be shown by clear and convincing evidence that the payment represents compensation only for the injuries sustained by the person. This can be an impossible hurtle to overcome if you don’t get an experienced family court attorney at https://www.familycourtlawyers.com/.

A person who anticipates receiving money in payment of a personal injury award and has concerns about the stability of a marriage should ask the the personal injury attorney to structure the award so the nature of the payment is clearly identified as compensation for the injuries and not lost wages or other items that would make it community property. This will make it possible for your divorce attorney to maximize your overall property division, if that later becomes an issue.

Making a Personal Injury Claim for Medical Negligence by Yourself

Post regarding making a personal injury claim for medical negligence by yourself and the challenges you should consider.

Being injured by or whilst in the care of a healthcare provider can be very unpleasant. You may be overcome with feelings of helplessness and anger. These are common and to be expected, especially if the injury is so severe that it causes a decrease in your quality of life. Although, financial remuneration will be far from the top of your concerns, it is something that should be considered to alleviate the distress caused.

Claiming for medical negligence (sometimes referred to as medical malpractice) is an option available to receive what some people call justice. If your claim is successful it will mean that the healthcare provider will be forced to pay out a sum of money deemed appropriate for the injuries incurred. These can be used for whatever purpose you wish, although there may be an amount set aside for improving your home to help with access and day to day living.

Proving Medical Negligence: What is involved?

Proving medical negligence to a court is essentially the same as proving Personal Injury. The specific area of law being Tort in England and Wales and Delict in Scotland. These are different names for the same thing, the Scottish legal system being slightly different than its neighbours in the south. However, the following principles are universal.

To prove medical negligence you must demonstrate on a balance of probabilities (meaning as a percentage your argument is more than 50% likely to be true), all of the following:

  1. A duty of care was owed to you by the defending party.
  2. There was:
    1. A breach of said duty.
    2. This breach caused or contributed to the claimed injury; essentially there was a negligent action.
    3. The negligent action caused the injury complained of.

Proving that a duty of care was owed and the facts you are asserting are usually the “easier” parts of a case to prove. In cases involving medical negligence the most difficult thing to prove is the negligence itself – or at least proving that the actions of the care giver can be deemed as being negligent.

What are the Difficulties?

The reason for this is a historic issue, in fact the Pearson Commission reported as far back as 1978 that whilst general claims for general negligence cases had an 86% success rate, only 30-40% of medical negligence cases resulted in an award of damages.

The reason so many cases are unsuccessful at proving that a doctor or other healthcare provider acted negligently is because of the courts unwillingness to interfere or challenge the medical profession. In fact, in order to successfully defend a case of medical negligence all that is required is for there to be body of other medical professionals who state that they would have taken the same action, even if this body is by far in the minority.

This is not to say that all is hopeless, rather it is better to be equipped with the difficulties that may lie ahead. On top of the legal principles being in the defending party’s favour, statistically people who represent themselves are much more likely to fail in their bid for damages.

Can these be Overcome?

In a word, yes. This is not to say that everyone will be successful in their claims but merely to underline that if you tackle the case in the right way, with the right preparation and knowledge you will be much better placed to succeed.

To begin with, ensure you have a detailed  time-line of all relevant events with names of all persons included. Supplement this with a concise statement of all the facts surrounding your case; include your assertion of how you believe the injury resulted, names of all hospitals or doctors/care givers. You can then begin by addressing this to the NHS Litigation Authority (if the injury occurred in an NHS Hospital) or apply to the relevant court for your case to be heard.

If you are wanting to make a claim for medical negligence it is advisable to seek professional help from a solicitor, even if only for a consultation to discuss the merits of your claim. However, if you are going to be claiming by yourself you should seek out websites offering expert help to get you started and to learn as much as possible about the relevant law.

Statistics of Birth Defects Caused by Medication the Mother Took During Pregnancy

A birth defect is when a baby is born with a physical, mental, structural or biochemical abnormality. Birth defects can be caused for a variety of reasons, including the mother’s exposure to certain chemicals, genetic reasons, or hormonal reasons. However, a very serious and little known reason for birth defects can be the medication a woman takes during her pregnancy. Many women are unaware that simple over-the-counter and prescription drugs can affect their baby’s development. Read on for more information about birth defects in the USA.

Birth Defects in the USA

According to a birth injury attorney, birth defects remain the number one reason for the death of newborn babies in the USA. In 2006, 5,819 babies died because of complications from birth defects. Being born premature was the second most common cause of death, with 4,841 babies dying from complications of being born premature in 2006. The third most common reason for newborn death in 2006 was SIDS, or Sudden Infant Death Syndrome, which claimed 2,323 lives.

It has been estimated that 150,000 babies are born with birth defects in the USA each year. In fact, 3 percent of all babies born each year will suffer from some kind of birth defect.

Reasons for Birth Defects

There are a variety of reasons for birth defects. Surprisingly, the reason for birth defects cannot be categorized and understood neatly with the help of statistics. It is known that some birth defects are caused by genetics and inheritance, including chromosomal abnormalities (such as Down’s Syndrome), single gene defects (such as Tay-Sachs) and multifactorial influences, which is where genetics and environmental factors are combined to result in a birth defect. Additionally, some birth defects result just from environmental factors, and some result from medication taken by the mother during pregnancy.

However, the reason for 50 percent of birth defects are unknown. With so many factors at play, it is difficult for doctors to pin down exactly why a baby was born with a birth defect and as a result, there are no hard statistics to demonstrate which factors result in more birth defects than others.

Birth Defects and Medication

A birth defect that results from medication taken by the mother during her pregnancy is known as a teratogen. Teratogens can affect the fetus directly, they can damage the umbilical cord or the placenta, or they can even result in premature uterine contractions. Again, the effect of different teratogens cannot be summed up by statistics.

Different medications that are known to harm unborn babies include certain antibiotics, tranquilizers like anti-anxiety medication or anti-depressants, live vaccinations, sex hormones and anti-seizure medication. Skin medication such as Accutane and Soriatane are also known to be extremely harmful, and aren’t even recommended during the conception phase.

However, 2 out of 3 mothers will take some kind of medication during the course of their pregnancy. Women with epilepsy or other chronic illnesses clearly cannot avoid medication, as it will jeopardize their health and the baby’s health. Always see a doctor before going on new medication if you are already pregnant, and consult a doctor if you are currently on medication and trying to get pregnant.

If your child was born with a birth defect and you believe that it was a result of medication, consult a legal professional to see if you have a claim.  Gemma Law Associates, Inc. is a dangerous drug and birth defect law firm located in Rhode Island.  For more information about drugs that can cause birth defects if taken during pregnancy, visit the website at www.GemmaLaw.com

Protecting Your Personal Interests Following A Car Accident

[US law and general] Automobile accidents are a common source of injuries, property damage, and deaths. Motor vehicle collisions typically result from the negligence of one or both drivers. As a result, automobile accidents are a common source of litigation. When an accident occurs, both parties must take preventative actions to mitigate their potential losses. These actions are similar regardless of whether a party is at fault.

Do Not Admit Fault

Assigning fault in an automobile accident is paramount. Police officers will assign fault in significant accidents, which will result in citations and possibly an arrest depending upon the nature of the at-fault party’s conduct. Insurance companies will apportion blame between the parties, which will affect the amount of damages apportioned to each party as well as any increase in insurance rates. Any litigation is likely to involve a dispute over who was at fault and thus who is liable for the damages.  In these instances a lawyer will be required and websites such as www.dallascaraccidentlawyers.net can help find a reputable attorney locally to represent you.

Do not admit fault to the other driver. Regardless of who is at fault, it is common in accidents for both parties to blame the other. This can lead to spontaneous and seemingly superfluous utterances such as apologies and a concession that one party violated a traffic law with an assertion that the conduct did not cause the accident. If the matter ever results in litigation, such comments can be strong evidence of fault. Do not make such comments or acknowledge fault in any way. Making exceptions requires applying a bit of common sense; if the other driver appears to be reasonable and if the damages are little more than a couple of damaged body panels, offering to pay for the damages may be a calculated risk worthy of taking. It is still a risk, however.

Obtain a Police Report

For a driver who is not at fault, obtaining a police report at the scene of a collision is a wise decision. An investigation by law enforcement can determine which party was at fault by determining the respective speeds and positions of each vehicle at the time of impact and interviewing witnesses. This will help document the scene and provide an unbiased report to the insurance companies in the event of a dispute. In practice, having an officer come out to the scene may not be possible; in a non-injury collision or any collision on private property, many departments will not dispatch officers to take reports. When officers are dispatched, their involvement will be minimal in the absence of a serious injury or death.

Reports can be a mixed bag for the party at fault for the collision. On one hand, reports can help document the extent of the damage. On the other hand, a report may result in a citation and a clear assignment of liability. If the party who was not technically at fault for the collision contributed to the collision in some way and if that contribution was not reflected in the report, advocating for a reassignment of fault may be difficult.

Additionally, a report is an indicator that the party who was not at fault intends on handling the matter through insurance. Minor collisions may involve damage figures that do not exceed the at-fault party’s deductible, so going through insurance would just raise the at-fault party’s insurance rates. If the party who was not at fault is willing to handle the matter privately, a police report may not be necessary. However, one or both parties may reconsider handling the matter privately after discovering that the damages were more serious than expected. A police report is helpful to both parties in such a situation. If the police are willing to send an officer to take a report, contact them and ask them to do so, regardless of who is at fault.

Document Everything

Both parties must thoroughly document the circumstances surrounding the accident. Documenting the damage at the scene is essential; taking as many pictures of both vehicles as possible to clarify what was damaged will help the at-fault party avoid having the innocent party inflate the damages while the party who was not at fault will benefit from avoiding any arguments that the damages are less than they are. Thorough documentation of the damage to vehicles and any other property keeps all parties honest. Documenting the scene is also worthwhile. Note the layout of the road or parking lot, the prevailing weather conditions, and the amount of traffic at the time of the accident.

Preventing losses after a collision is less an exercise in avoiding liability as it is an exercise in containing the damage. Drivers should avoid making inadvertent admissions of liability and taking any actions that could result in a dispute over the damages. Careless statements and poor documentation may result in having liability assigned where it was not due or allowing one party to evade the damages altogether. 

Georgina Clatworthy is a freelance legal writer posting informative articles relating to personal injury, accidents and other consumer issues. Legal sites such as www.dallascaraccidentlawyers.net can offer victims of car accidents in Dallas, Texas the means to partner with a reputable attorney and handle their claim.  Partnering with a trustworthy lawyer is essential to ensure your rights and interests will be protected.

Health and safety in the workplace – a brief introduction

Under the law of England and Wales employers have obligations to their employees to take reasonable steps to prevent any physical or mental harm coming to them in the workplace. These obligations are both statutory and common law in nature. We’re going to have a brief look at these obligations in this post by examining the following:

  1. What obligations do employers have under health and safety law?
  2. How can employers potentially breach these obligations?
  3. What are the consequences if an employer breaches these obligations?

What obligations do employers have under health and safety law?

As above, employers have both statutory and common law obligations relating to the health and safety of their employees in the workplace

Statutory

There are various statutes under the law of England and Wales relating to workplace health and safety. These acts convey either civil or criminal liability if an employer fails to uphold their duty to take reasonable steps to prevent harm coming to their employees. These duties fall under the various statutes (among others – these are generally considered to be the most important):

  1. The Health and Safety at Work etc Act 1974
  2. The Workplace (Health, Safety and Welfare) Regulations 1992
  3. The Management of Health and Safety at Work Regulations 1999

Common law

The main common law duty is the duty to prevent reasonably foreseeable harm coming to their employees – also known as the tort of negligence. If an employee suffers some form of harm in the workplace because of the failure of their employer to provide a safe workplace (or reasonably competent colleagues etc.) or a colleague injures you in the workplace then the employee may have a claim against their employer for negligence. In order to succeed in their claim the employee would have to show that a third party owed the injured person a duty to exercise a reasonable standard of care, that the duty had been breached (by falling below the necessary standard), and that this breach of duty had caused the harm.

How can employers potentially breach these obligations?

Employers may breach these obligations if they fail to take reasonable steps to prevent harm to their employees. So, what are reasonable steps? Among other things, employers should:

  1. Carry out regular risk assessments
  2. Have sensible and safe working practices
  3. Have health and safety policies available for their employees to read
  4. Train their employees in health and safety; and
  5. Employ competent persons

What are the consequences if an employer breaches these obligations?

If an employer fails to uphold their duties relating to health and safety in the workplace then they may find that they are litigated against by an injured employee or subject to a criminal prosecution by the Health and Safety Executive. Both of these issues are extremely serious.

Please note: it is advised that you take specialist employment law advice on your obligations in the workplace.

Redmans are employment law solicitors based in Richmond and the City of London.

What are economic torts?

Employment law litigation normally involves some form of breach of a statutory duty or a breach of a contractual obligation that has resulted in some form of harm being suffered by the victim or a loss of earnings. However, there is another area that is hardly ever touched upon – common law economic torts. There are three economic torts under the law of England and Wales: the torts of procuring a breach of contract, causing loss by unlawful means, and conspiracy. We’ll have a brief look in this post at these three torts in the following order:

  1. Procuring a breach of contract
  2. Causing loss by unlawful means
  3. Conspiracy

Please note: it is advised that you obtain employment law advice from a specialist solicitor before acting on the below information.

Procuring a breach of contract

This tort deals mainly with employees who have been induced by another person (whether another employer or a third party) to breach their contractual obligations to their employer. In order to succeed in pursuing this tort a Claimant must show that:

  1. There has been a breach of contract; and
  2. That damage arises from such a breach; and
  3. The Defendant knew that it was inducing a breach of contract; and
  4. The Defendant intended to procure a breach of contract

Causing loss by unlawful means

This is a tort which does not depend on the existence of a contract to allow a wronged party to pursue a claim (as the above claim of procuring a breach of contract does) but allows a victim of a wrongful act to pursue a third party if the cause damage to them (the lead case of causing loss by unlawful means is Tarleton v M’Gawley [1790], where the captain of a ship fired a cannon at a canoe approaching another ship to prevent the other ship from engaging in trade. In order to succeed in pursuing a claim of this nature a Claimant must show that:

  1. An unlawful act was committed by the Defendant (one that would have been civilly actionable by the injured party);
  2. Which interfered with the actions of a third party in relation to the Claimant;
  3. That there was intention to cause some form of loss to the Claimant; and
  4. That the Claimant has suffered some form of loss

Conspiracy

Conspiracy (which is normally known as a criminal offence) occurs when two or more parties agree to undertake some action with the intention of causing another party loss. As with the above tort of causing loss by unlawful means, there does not have to be a contract in existence to pursue the claim. However, a Claimant must demonstrate the following elements if they wish to be successful:

  1. A combination or agreement between two or more legal persons; 
  2. An intent to injure (i.e. cause some form of loss;
  3. An act which carries out that intention to injure; and
  4. Some form of loss suffered

Direct 2 Lawyers offer specialist advice from compromise agreement solicitors and employment law solicitors.