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Health and Safety

Suppliers of goods and services have an obligation to you the customer, other customers, and the public at large to ensure their goods and services are safe and comply with the relevant health and safety laws that apply to their trade or profession.

If they fail in that duty they are liable to prosecution, and possible fines, and in more serious cases imprisonment for managers, owners and directors.

 
The consequences to you the customer or client can be a simple "funny tummy" or a cut finger or a more serious injury or illness which may affect your health for a long time or even permanently. It may lead to a permanent disability, or death.
 
The financial implications of illness or injury which have been caused by the negligence of people or firms varies but is nearly always in the form of financial compensation.
 
Proving ones claim is vital as companies and insurers are often defrauded by false claims.

Typical claim situations include

  • Illness caused by bad food or drink
  • Minor Injury by poor equipment or property
  • Serious illness meaning hospitalization
  • Death

There are a large number of firms offering to take up your case and pursue compensation claims on your behalf on a "No Win, No fee" basis, several of these have collapsed. Whilst many provide an excellent service the reality is that larger claims can take many years to settle and incur massive legal costs and expenses which have to be funded by someone.

Many consumers cannot fund expensive litigation, despite having valid claims, as a consequence fail to secure proper recompense. Out of court settlements are often rejected only for courts to reject the claim later with the consumer faced with massive legal bills.

Smaller claims of up to potentially £10,000 can easily be handled direct by the consumer or using a local solicitor with some personal injury experience. Many solicitors offer a "No Win, No fee" a service and can be a more reliable option to the nationally advertised services.

Here are some tips to help you prove your case 

  • Ensure you know the location, date and circumstances of the problem or event
  • Obtain witnesses and have their names, addresses and telephone or other contact details.
  • Take photos of the location and events, video if possible
  • Do some detective work to find missing information
  • Write or type up a summary of the problem
  • Secure the evidence and make backup copies at another location
  • Notify any Health or Safety bodies.
  • Notify your insurance company if you have any health or other insurance relative to the situation.
  • Notify the person or company in question and introduce yourself and explain you wish to claim and why, and ask how they would like to proceed.
  • Here we are establishing some firm ground on which to proceed which may either be
    • Easily and quickly settled
    • Drag on for months and take time to resolve
    • Drag on for years and prove expensive
  • Next make the claim yourself or via your solicitor, a sound professional approach by a well prepared consumer can impress and lead to an early offer of settlement. A strong case with legal implications put over well with sound evident stands a good chance of an early settlement.
  • Discuss by letter, telephone or personal visit the basis of your claim and seek advice about the quality and worth of any offer.
  • Do not make suggestions of values or offers - it will always be beaten down. Always let the other side make an offer, which will always be an "opening low bid".
  • Feedback by you such as "add some oo's to that", or " I was thinking 10 times that" may well get some indications of where a settlement might get to.
  • Review any offer to accept or reject and pursue further.
  • Further action is best taken under the guidance of a professional advisor or your personal insurer.
  • If the injured person is to ill or has been killed their legal representative will act on their behalf, creating a greater need for proper legal representation.

Any early settlement should be a major aim, although genuine claims of potentially substantial values will not be easily, cheaply or quickly won. There is no guarantee a "genuine" case will be successful.

BBC - The Law Essential Guides - Criminal Compensation - useful info for any personal injury, loss or damage resulting from an offence.

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Information on this web site and any associated email communication is for information, and as a guide only, it is NOT legal advice. As a consequence users should consider it in the light of their own personal situation and experiences in seeking and obtaining refunds, replacements and compensation and obtain professional legal advice where necessary.

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