Food Poisoning Claims What is Food Poisoning? Food poisoning is caused as a result of consuming contaminated food. In the majority of food poisoning cases, the food is contaminated by bacteria such as salmonella or E.Coli, or a virus, such as the norovirus. Food poisoning is usually not serious and a recovery can be made within a few days, however, it can be unpleasant. Research undertaken by the Food Standards Agency (FSA) in 2019 showed that there were 2.4 million cases of food poisoning in the UK. More recently, the FSA has urgently recalled several chicken products from UK supermarkets due to a possible health risk. It has transpired that 480 cases of Salmonella occurred as a result of the defective products. The FSA and Public Health England (PHE) are therefore urging people to take care when handling and cooking frozen raw breaded chicken products at home, for example, nuggets, goujons, poppers and kievs. How to claim if you have been affected by Food Poisoning The Consumer Protection Act (1987) outlines that a food retailer has to provide food that is free from harmful bacteria. A successful case will consist of demonstrating that you were suffering from food poisoning and that this was caused by food or drink supplied or prepared by a specific retailer. Any claim for compensation for food poisoning will be made on the basis of pain and suffering suffered as a result and any money lost as a result of your illness, such as loss of earnings if you have had to take time off work. Claim Personal Injury Compensation with Browell Smith & Co If you have suffered from food poisoning, once you have consulted your GP (if required), you should seek to contact our specialist Personal Injury Solicitors. We are able to assist you in getting the compensation that you deserve. Contact our expert team today to arrange a free initial consultation.
The main cause of cyclist related road traffic accidents Protecting those who are ‘Road Vulnerable’ Unsurprisingly there are a number of ways cyclists accidents can occur but this discussion will consider two causes. In 2019 cyclists were considering the second most vulnerable road user (1). This is not surprising considering data showed that out of 16,884 cyclist accidents which were reported to the police 100 were killed and a further 4,333 were seriously injured (2). This is particularly concerning as with a lack of public transport and exercise facilities being shut, more people are cycling. The survey highlighted that 29% of respondents stated that they were riding more on the road since lockdown began (3). ‘Not able to be seen’ In a survey done by the AA Charitable Trust it highlighted that 93% of other road users stated it is difficult to spot cyclists on roads. Could the reason of ‘not able to be seen’ be the cause of why so many cyclist related accidents occur at junctions. Our advice to other road users: Be mindful that not all road users are in four wheeled vehicles and always approach junctions, roundabouts and other potentially hazardous areas with caution at a slow speed. Our advice to cyclists: Wear high visibility clothing at all times of the day, certain weather conditions such as fog could impact you being visible and install a bike light- these can be extremely beneficial in showing your presence on the road. ‘Punishment Breaking’ The notion of punishment breaking is when other road users overtake cyclists and then suddenly break when in front so the cyclist has to either break themselves or attempt to avoid the vehicle to prevent a collision. The THINK campaign was released in 2014 to try and build empathy from other road users towards cyclists and prevent this bad road user behaviour. Our advice to other road users: Be mindful of the THINK campaign and have empathy towards those cycling. Do not adopt the punishment breaking behaviour or you could be responsible for killing or fatally injuring someone as a result of a moment’s anger. Our advice to cyclists: Whilst you cannot prevent punishment breaking, we do advise you to wear safety protection always. Whilst this may not prevent an accident from occurring in the unfortunate event one did, safety helmets can be crucial in the severity of your injury. Have you been involved in a road traffic accident? Unfortunately, some accidents cannot be prevented regardless of the safety precautions you take. If you have been a cyclist involved in a collision which was not your fault call our team of personal injury experts where we can discuss matters further and see how we can assist you. If you have been a cyclist involved in an accident which was not involving another vehicle such as a pothole, this is also something that you can potentially claim for. Please call our experts or request a callback for a further discussion. Chart 6: ‘Reported road casualties in Great Britain: 2019 annual report’ <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922717/reported-road-casualties-annual-report-2019.pdf> Date Accessed: 28/01/2021 ‘Table RAS30001: ‘Reported road casualties by road user type and severity, Great Britain, 2019’ <https://www.gov.uk/government/statistical-data-sets/ras30-reported-casualties-in-road-accidents? Date Accessed: 28/01/2021 AA Populus Driver Poll Summary <https://www.theaa.com/about-us/public-affairs/aa-populus-driver-poll-summaries-2020#december2020> Date Accessed: 28/01/2021
Can I claim compensation as a pedestrian in a road traffic accident? Road traffic crashes result from a combination of factors including the road layout, the vehicles, the road users and the way they interact. Research has been conducted considering the main causes of pedestrian fatalities and the safety effects of road measures (traffic lights, roundabouts, and refuge islands) at pedestrian crossings before and after implementation. The results indicate that there is strong evidence for the positive effect of such measures especially on the number of pedestrian-related accidents. Research has also shown that cars behave most irregularly at crossings without a refuse island. Car drivers drive more appropriately when more safety features are present such as flashing yellow lights, traffic lights, and refuge islands. Other causes for pedestrian-related accidents include cars turning around inappropriately, pedestrians “darting out”, distracted driving, drink driving, and blind spots. It appears more work needs to be done to ensure the safety of our pedestrians on the roads. Can I claim compensation as a pedestrian? It is important to remember that every type of pedestrian traffic accident case is different. The following factors can determine the value and who is liable for a pedestrian accident: The environment and road conditions Where the pedestrian was at the time of the accident The driver The driver’s vehicle The pedestrians injuries Insurance What can I get compensation for? Browell Smith & Co Solicitors’ specialist road traffic accident team understands your problems and can help you recover compensation for the following: Recovery from injuries Loss of a vehicle Time off work Travel inconvenience As well as recovering compensation, where an individual suffers serious or life-changing injuries our specialist teams can look to recover the costs of specialist rehabilitation programmes, private medical treatments, and aids and adaptations where required. Our expert solicitors work with specially selected experts in the field of rehabilitation who will guide you through the process and discuss which options are available to you. How long do I have to make a road traffic accident claim? As with all claims for personal injury compensation, there are time limits within which a road traffic-related accident must be pursued. For the majority of road traffic-related accidents court proceedings must be started within three years from the date of the accident. In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time. The following exceptions apply: Children- personal injury claims involving a child can be made at any point before your child turns 18. On your child’s 18th birthday the three year rule comes into effect, so a claim needs to be started before they turn 21. Mental Capacity- if a person lacks the capacity to make a claim themselves, there is no time limit for making a claim. Speak to our personal injury solicitors today! Being injured as a result of someone else’s negligence is a serious matter and is a complex area of law. It can have huge implications for you and your family so it is always best to take specialist advice. Our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation.