Frequently asked questions
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.
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.
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.
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.
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.
A person who occupies land or other property, such as a homeowner, tenant, farmer, shopkeeper, hotel owner or other business person, can be held liable for injury to a person who is on the premises. This is known as "occupiers liability."
Frequently in car and vehicle accident cases the court will apportion fault between the parties involved. In some cases, the court may find that one party was entirely at fault. In other cases, the court may rule the parties were equally at fault.
Most people are familiar with the notion that when a person is harmed by a defective product, he/she may be able to claim compensation from the person who made or sold it. In such circumstances the rules of product liability law apply.
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