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How taking reasonable care can help ensure 100 percent compensation

Just as the owner of occupier of a house, piece of land, or business premises must take "reasonable care" to ensure the safety of visitors, so too must the visitor take reasonable care to ensure his or her own safety. Naturally, failing to reasonably ensure one's own safety has the potential not only to cause accident and injury but to also jeopardise a person's entitlement to 100 percent compensation in the event a compensation claim is made.

Bearing this in mind, the team at YouClaim have decided to use a couple of case studies to illustrate how application of these principles can affect the outcome of a personal injury claim that is made under the terms of the Occupiers Liability Act 1957.

Case study 1 - Garden table fall
In October 2000 a 27-year-old chef attended a private party at a colleague's house. After drinking several glasses of wine he decided to dance on a garden table.

Unfortunately for the 14-stone partygoer he then decided to jump from the 2ft table onto the wooden veranda below. The force of his descent broke the wooden boards beneath him, causing him to sustain injuries to his lower leg, ankle and knee.

Although he managed to find a no win, no fee solicitor to represent his case, when the full facts of the incident emerged, the claim was dropped on the basis that he not taken reasonable steps to ensure his own safety.

Case study 2 - Supermarket slip accident
It was during the early winter of 2002 that a 19-year-old arts student suffered a fractured cheekbone and broken wrist after slipping on the wet floor of a popular Birmingham supermarket.

Although the supermarket were found partly liable for failing to indicate the floor as a slip hazard, the fact that cctv footage showed the girl had been running recklessly down the aisle at the time of the accident meant she was found partly liable for injuries. This ruling of contributory negligence meant the claimant did not receive 100 percent compensation.

Claim 100 percent compensation with YouClaim's cost free solicitors
The personal injury solicitors on YouClaim's panel are all governed by the strictures of the Solicitors Regulation Authority and its rigorous Code of Conduct.

Win or lose, they run a cost free service (with the exception of claims for cases of alleged clinical negligence, where some costs are unavoidable). We are proud this surpasses any traditional understanding of what a "no win, no fee" service offers.

Furthermore, they all undertake to protect you from the costs of the opposing side, using a special form of insurance to ensure you are never liable for these, while our 100 percent compensation promise means we never take any cuts.

We have specialist solicitors working across all fields of personal injury litigation, including that which stems from: