Personal injury

Yes, an employer may have ‘vicarious liability’ for injuries caused by their employees. If someone injures you in the regular course of their employment, you can almost certainly claim compensation from their employer.

Yes, the court can apportion liability between you and the other party. It might apportion fault 80:20, or 75:25, or in any other ratio it deems appropriate. For example, if the court finds the other party 75% at fault for your injury and you 25% responsible, and your damages total £10,000, it could order the other party to pay you £7,500 in compensation.

You should report the accident to the health and safety officer at your workplace, ensure it is recorded in the accident book, get medical attention for your injury, and consider seeing a solicitor about making a claim. The accident may have been at least partly your employer’s fault, in which case they may be liable for negligence and/or breach of statutory duty.

No, the landowner/occupier is not automatically liable for any and all injuries that you sustain on their premises. To establish liability, you will need to show that your injury resulted either from some breach of statutory duty (under the health and safety laws, for instance) or negligence. Moreover, to hold the landowner/occupier liable for negligence, you will need to establish that the harm you suffered was foreseeable.

If you are hit by an uninsured driver, you can claim compensation under the government’s agreement with the Motor Insurers’ Bureau (MIB). The MIB will evaluate your claim in the same manner as any other insurer would. If the MIB pays your claim, then it will seek reimbursement from the uninsured driver. To make a claim against the MIB, you have to comply with the MIB’s very strict requirements – which include some fairly tight deadlines – so you should probably speak with a solicitor first to ensure compliance.