Categories
Occupier Liability

Can a Restaurant Be Liable for a Customer’s 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.

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Categories
Birth Injury

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:

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FAQ

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Categories
Housing Disrepair

The Impact Of Housing Disrepair On Older People

The Impact Of Housing Disrepair On Older People

July 2024

Much attention is given to the damage housing disrepair has on families, especially those with young children. However, older people are often left in situations of housing disrepair that can go unresolved for years. Last month, Westminster City Council agreed to pay £21,000 to an elderly tenant who could not get necessary repairs done on her flat. The tenant, who is a wheelchair user and has multiple illnesses, requested for her flat to be adapted before she came home from hospital in May 2020.

In July 2022, the Council was contacted by the tenant’s local MP, who complained about many years of disrepair at the property and how it affected the elderly and ill tenants. The Council dismissed the complaint, which said it had not received a request for repairs in 12 months. The complaint was escalated in September 2022, but it took the Council six months to log it and a further six weeks to respond. It then took a further seven months to address the tenant’s refusal of compensation offered by the Council. The matter only progressed with haste after the Council received a letter demanding £110,000 for the distress caused by the delays.

A review of the situation found the Council did not address issues raised in the original complaint nor recognise the tenant’s vulnerability. It also found the council’s response contained ‘inaccuracies’ about ad-hoc visits being arranged and a failure of repairmen to log issues and pass them on.

How do older adults access social housing?

In the social housing sector as a whole, 46% of lead tenants are aged 55 or over. Around 7% of people aged over 65 live in general social housing. However, 27% of new supported housing lettings were to households with a lead tenant over 65 in 2021/22.

Supported housing is where vulnerable people, including the elderly, disabled, or those dealing with mental illness, live as tenants but have support and care services provided.

What are the common dangers elderly people living in homes in disrepair face?

Elderly people subjected to ongoing housing disrepair, such as dampness and mould, face the same risks in terms of respiratory illness as young children and adults. However, older tenants can face extreme danger if they are living with loose carpets or tiles, cracked basins or toilets, or other disrepair that can cause falls and lacerations. In addition, broken/cracked windows, lack of insulation, and faulty heating can result in significant health complications for elderly tenants who may be vulnerable to viral and bacterial infections.

Housing disrepair also adversely affects mental health. A recent paper which examined decades of studies from around the world concerning housing disrepair found that:

“In the UK, for people in deprived areas, the relative quality of their housing in the neighbourhood was associated with their mental wellbeing. Similarly, people who perceived they had a higher quality of life and standard of living than others, had better mental wellbeing. Our review of the literature also suggested a positive association between household disrepair (i.e. living with leaky structures, busted plumbing, broken windows and pests) and fungal richness. Specifically, dampness and mould were associated with increased odds of respiratory symptoms…”

Landlords must also take a more proactive approach with older tenants, as disrepairs may be overlooked.

An ongoing problem

While writing this article, we were not surprised to find little research on the impact of social housing disrepair on older people. At present, around three-quarters of over 65s live in their own home mortgage-free. But this will rapidly change due to the ageing population and the difficulty people face buying their own home.

A frail, older person living alone in a house that needs repair is highly vulnerable to physical injury and mental distress. It is absolutely crucial that they are able to access legal advice and representation if their landlord is not adequately dealing with their complaints.

Our Housing Disrepair Solicitors are here to help.

Please contact us immediately if you are living with damp, mould, or damage to your premises and cannot get your landlord to act. Our Solicitors have extensive experience in housing disrepair claims and almost always achieve positive results. We may be able to take your case on a no win, no fee basis, which means that if your claim is unsuccessful, you will not have to pay any legal fees (although you will need to pay any disbursements (expenses) such as court fees).

We can help you with the following:

  • Instructing a surveyor to assess the disrepair and provide a report to use as evidence

  • Use legal means to ensure that your housing association or council completes all your repairs

  • Claiming compensation for you for the period your property has been in disrepair

Please call us or email us today to discuss your claim.

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!

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their Council to carry out crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

NJS Law can usually handle Housing Disrepair Claims on a No Win No Fee basis.

Call or email us today to discuss your claim.

Ask NJS

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

FAQ

For any questions we may be able to answer, discover our FAQ section.