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Month: July 2024

Categories
Occupier Liability

Can a Restaurant Be Liable for a Customer’s Injury?

Can a Restaurant Be Liable for a Customer Injury
Can a Restaurant Be Liable for a Customer Injury

July 2024

Like any other business, restaurants have a legal duty to ensure the safety and well-being of their customers. This duty of care means that a restaurant can indeed be held liable if a customer is injured on its premises due to negligence. Here’s a closer look at the circumstances under which a restaurant might be liable for a customer’s injury.

Legal Duty of Care

Restaurants must adhere to health and safety regulations, ensuring that their premises are safe for customers. This includes:

  • Maintaining Clean and Safe Premises: Floors should be free from hazards such as spills or uneven surfaces that could cause slips, trips, or falls.
  • Safe Equipment: All equipment and fixtures, including chairs, tables, and kitchen appliances, must be in good working order and not pose any risk to customers.
Common Causes of Injuries
  1. Slips, Trips, and Falls: These are the most common types of accidents in restaurants. Wet floors, poorly maintained walkways, or obstacles in dining areas can lead to serious injuries.
  2. Burns and Scalds: Hot food and beverages must be served with caution to prevent burns or scalds. Employees must be trained to handle hot items safely.
Establishing Liability

For a restaurant to be considered responsible, the injured customer must prove:

  1. Duty of Care: The restaurant owed a duty of care to the customer.
  2. Breach of Duty: The restaurant breached this duty by acting negligently.
  3. Causation: The breach directly caused the customer’s injury.
  4. Damages: The customer suffered actual harm or loss as a result.
Steps to Take if Injured

If you’re injured in a restaurant, follow these steps to protect your rights:

  1. Seek Medical Attention: Prioritise your health and get medical help immediately.
  2. Report the Incident: Notify the restaurant management and ensure the incident is documented.
  3. Gather Evidence: Take photographs of the scene, obtain contact details of witnesses, and keep copies of medical reports.
  4. Consult a Solicitor: A legal expert can advise you on the viability of your claim and help you navigate the legal process.

At NJS Law, our Personal Injury experts will guide you through every step of the process and will help get you the outcome you deserve whilst operating on a NO WIN NO FEE basis.

We have a reputation for providing the highest levels of customer service to our clients, whilst being as tough as is required to pursue those responsible for what has happened to you.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation.

Contact us today to discuss your claim.

CONTACT US

Get in touch using the form below or via the following methods:

01625 667 262
injury@njslaw.co.uk

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Categories
Birth Injury

Heartbreaking Reality: The Ongoing Crisis of Birth Injuries

Heartbreaking Reality The Ongoing Crisis of Birth Injuries
Heartbreaking Reality The Ongoing Crisis of Birth Injuries

July 2024

Stark Statistics

Every day, 13 babies die before, during, or shortly after birth in this country, according to the 2009 “Saving Babies’ Lives” report. This tragic figure has not improved much today, with half of all stillbirths occurring without any apparent reason, often in low-risk pregnancies.

Parents’ Concerns

Many grieving parents believe not enough was done to save their babies’ lives. They often lack confidence in the care received leading up to their child’s death, feeling that opportunities to prevent the tragedy were missed.

Midwife Shortage

A critical shortage of midwives means many women in labour do not get the individualised care they need. This leads to hurried observations and potential misinterpretations, causing failures to notice labour complications requiring urgent delivery and obstetrician intervention.

Delay in Emergency Response

Obstetricians sometimes fail to attend promptly in emergencies, causing delays that can result in severe injuries or even death for both baby and mother. This delay is often a decisive factor in tragic outcomes.

Types of Birth Injuries
  • Cerebral Palsy: Oxygen deprivation during delivery can cause varying degrees of brain damage, leading to lifelong disability and high care costs.
  • Erb’s Palsy: Incorrect delivery techniques can damage the brachial plexus nerves, causing paralysis or weakness in the baby’s arm.
  • Hypoglycaemia: Failure to treat this condition shortly after birth can result in severe cognitive deficits and epilepsy.
Proving Negligence

To succeed in a compensation claim for birth injuries, it must be shown that negligence occurred during or before the birth. This can include delays in delivery, improper use of forceps, failure to monitor foetal distress, and delayed or incorrect responses to complications.

Postnatal Care Failures

Negligence can extend to postnatal care, such as failing to recognise red flag symptoms, improperly suturing perineal tears, or not diagnosing and treating postpartum haemorrhages correctly. Psychological injuries, such as postnatal depression or puerperal psychosis, also require diligent attention and care.

Legal Recourse

If a baby or mother suffers injury or death due to negligence, it’s crucial to act within the legal timeframes to pursue a claim.

For mothers, this is typically within three years from the date of negligence or the date they became aware of it.

For children, the limitation period starts when they reach adulthood unless they lack mental capacity due to severe brain injury.

Get Expert Help

If you or your baby has suffered due to potential negligence during childbirth, contact NJS Law for a free consultation. We are committed to helping you navigate this challenging time and seek the compensation you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

Get in touch using the form below or via the following methods:

01625 667 262
medical@njslaw.co.uk

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For fast, friendly affordable legal advice. Contact a member of our team today.

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FAQ

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Categories
Housing Disrepair

Housing Disrepair and Older Tenants: A Hidden Crisis in Social Housing

The Impact Of Housing Disrepair On Older People
The Impact Of Housing Disrepair On Older People

July 2024

Housing disrepair often attracts attention because of its impact on families with young children. However, older people living in social housing frequently endure unsafe living conditions for years without resolution. In many cases, these failures place elderly tenants at serious risk of physical injury, declining health, and emotional distress.

A recent case highlights the scale of the problem. Westminster City Council agreed to pay £21,000 in compensation to an elderly tenant after prolonged failures to carry out essential repairs. The tenant, a wheelchair user with multiple health conditions, had requested adaptations to her flat before returning home from hospital in May 2020. Despite her vulnerability, the necessary work was not completed.

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When Councils Fail to Act on Housing Disrepair

In July 2022, the tenant’s local MP contacted Westminster City Council to raise concerns about years of unresolved disrepair and the serious effect it was having on elderly and unwell tenants. Initially, the Council dismissed the complaint, claiming it had not received any repair requests within the previous 12 months.

Although the complaint was escalated in September 2022, the Council took six months to log it and a further six weeks to respond. Even then, it took another seven months to deal with the tenant’s rejection of the compensation initially offered. Only after the Council received a formal legal letter demanding £110,000 for distress and inconvenience did the matter progress with urgency.

A subsequent review found multiple failings. The Council had not addressed the original issues raised, failed to recognise the tenant’s vulnerability, and provided inaccurate information about inspections and repairs. In addition, contractors had failed to log defects properly or pass them on.

How Do Older Adults Access Social Housing?

Older people make up a significant proportion of social housing tenants in the UK:

  • 46% of lead tenants in social housing are aged 55 or over

  • Around 7% of people aged 65+ live in general social housing

  • 27% of new supported housing lettings in 2021/22 went to households with a lead tenant aged over 65

Supported housing provides accommodation for vulnerable individuals, including elderly people, disabled tenants, and those with mental health conditions, alongside access to care and support services. As a result, landlords must take particular care to ensure properties are safe and well maintained.

The Dangers of Housing Disrepair for Elderly Tenants

Housing disrepair places elderly tenants at heightened risk. While damp and mould can cause respiratory illness in people of all ages, older individuals often face additional and more severe dangers.

For example, loose carpets, cracked tiles, damaged toilets, or broken fixtures significantly increase the risk of falls and serious injury. Similarly, faulty heating, poor insulation, or broken windows can expose elderly tenants to cold conditions, increasing the likelihood of infections and hospital admissions.

In addition to physical harm, poor housing conditions can severely affect mental health. Research reviewing decades of international studies found strong links between housing disrepair and reduced mental wellbeing. In particular, damp, mould, plumbing failures, and structural defects were associated with respiratory symptoms, stress, anxiety, and declining quality of life.

Importantly, landlords must take a proactive approach when managing properties occupied by older tenants. Many elderly people may struggle to report issues repeatedly or may downplay problems, meaning disrepair can go unnoticed unless landlords act responsibly.

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An Ongoing and Growing Problem

Despite the seriousness of the issue, research into the impact of housing disrepair on older people remains limited. Currently, around three-quarters of people aged over 65 live in mortgage-free homes. However, this is changing rapidly due to rising house prices and an ageing population.

As more older people rely on social housing, the risks associated with unresolved disrepair will continue to grow. A frail individual living alone in an unsafe property faces an increased risk of injury, illness, and isolation. Therefore, access to legal advice and representation is essential when landlords fail to meet their obligations.

How Our Housing Disrepair Solicitors Can Help

f you are an older tenant living with damp, mould, or ongoing disrepair and your landlord is not taking action, legal support can make a critical difference.

Our Housing Disrepair Solicitors have extensive experience representing elderly and vulnerable tenants. In most cases, we achieve positive outcomes, and we can often act on a No Win, No Fee basis. This means you will not pay legal fees if your claim is unsuccessful (although disbursements such as court fees may still apply).

We can help by

  • Instructing an independent surveyor to assess the disrepair and prepare expert evidence
  • Using legal action to force your council or housing association to complete repairs
  • Claiming compensation for distress, inconvenience, damage to belongings, or injury

Speak to Us Today

If you or a loved one is living in unsafe housing conditions and your landlord is failing to act, contact us today. Our team is sympathetic, experienced, and ready to help you protect your health, your home, and your rights.

Call or email us now to discuss your housing disrepair claim and arrange a free, no-obligation consultation.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

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