Archive for the ‘Accident at Home’ Category

It will soon be a Bank Holiday – What could possibly go wrong!

Thursday, April 18th, 2013

Memories Fade

Fortunately we are on course to enjoy a Bank Holiday without snow on the ground, so we can actually plan to take a trip out.

Personal Injury Solicitors Birmingham kids in carYou only have to say the words ‘Bank Holiday’ and ‘trip out’ and it takes me back to an early childhood memory of being stuck in traffic on a road from Liverpool to North Wales, probably somewhere near Mold for what seemed like hours with my parents repeatedly saying ‘never again’.  So that was pretty much it, Bank Holidays sewn up.  Always spent at home.

An earlier memory on that North Wales road was that of a tree falling and hitting the bonnet of our VW Beetle.  This story was often discussed at home.  I have a vague picture in my head of the tree on the bonnet of the car but I really do not know whether this memory is real or has my mind created the picture over the years.

Yes memories do fade, which is why, if you have an accident, you should make notes – on paper, on the back of a cigarette packet, it does not matter, but a Top Tip is to make notes.

It is recognised in the legal profession that more emphasis is placed on notes made at the time of an accident than, for example, a statement made a year later.

Kids – What do we do with them?

What do we do with our kids on Bank Holidays?  I am now spared this worry as my children are grown up, but I do miss those busy, but fun, crazy days.  One day for a party we hired a ‘Gladiator’ Bouncy Castle which went in our back garden.  There must have been between 20 and 30 kids – what were we thinking?

Personal Injury Solicitors Birmingham kids bouncy castleThis was before the case of  a 10 year old boy who was seriously injured on a bouncy castle. The boy was playing with a much older and taller boy, doing somersaults.  It was whilst doing a somersault that the older boy’s heel struck the younger boy on the forehead and he sustained a depressed skull fracture and brain damage. The judge decided that the people who had hired the bouncy castle (the Defendants) were liable to the boy – they had to maintain constant supervision,  prevent children from doing flips or somersaults, ensure that only children of a similar size and weight played on the bouncy castle at the same time.

The trampoline in our back garden was taken down the next day.

There was then an appeal by the Defendants and the Court of Appeal allowed the appeal.  The judge concluded “The Defendant could not be held at fault for the way that she acted.  The manner in which she was supervising activities on the bouncy castle … accorded with the demands of reasonable care for the children using it.  The accident was a freak and tragic accident.  It occurred without fault”.  (Perry & Perry v Harris (a minor) 2008.

A Top Tip – check your household insurance.  If you own your own property you don’t want to be forced to sell to pay damages for an accident which was your fault which occurred on your property.  The level of insurance is important too.

Bank Holiday – Taking things to the skip

What fun Bank Holidays we have?

If you are having a clear out or decorating, please keep safety in mind.  As a Personal Injury Lawyer, I would hope I am more careful than most, but my family will probably recall times that I have left things at the top of the stairs which they have nearly fallen over.

Accident Claim Birmingham cat on stairsA cat + stairs = danger – as my colleague Stephen O’Neil will verify.  He fell over his cat on the stairs and sustained injuries.

Just take an extra second or two to move something away so it is not a tripping hazard.

A Top Tip is to wear protective clothing when working:- gloves, a hat, clothing which cover your arms, thicker clothing, non slippy shoes etc.

Personal Injury Pal hope you have a good Bank Holiday break, but remember if you have an accident or know someone who has and you are wondering if a claim can be made,  it may be worth a chat with one of our team at Personal Injury Pal.