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Personal injury, youclaim.co.uk

Complexities of personal injury compensation and personal responsibility


When a person suffers as a result of someone else's actions, it is plain to see that there is a case for personal injury compensation. However, a 2008 court decision relating to a climbing wall made clear that this does not cover all cases of accident injury.

In this case, a man sought to make a compensation claim on the basis of suffering serious spinal injury after falling on his head awkwardly in a leisure centre. The injury suffered was sufficient to make the man tetraplegic, despite there being 12 inches of matting laid down on the floor of the leisure centre.

However, the circumstances of the fall were that the man had attempted to copy a more skilful climber, who had leapt from the climbing wall to an uncovered girder; whereas the skilled climber had achieved the difficult manoeuvre, the claimant had failed.

In court, the judge found that the claimant was 75% responsible for his own injuries, which satisfied neither side; both appealed. The judge allowed the leisure centre's appeal to proceed, stating that the claimant had been aware of the "inherent and obvious risks in the activity" that the climber had been "voluntarily undertaking".

While this does mean that personal responsibility is likely to be considered in accident injury claims, it does not mean that it will replace the duty of care that already exists under personal injury law. A good no win, no fee solicitor will be able to tell a potential claimant what his or her position is regarding the interaction of these two influences on any injury suffered.

Knowledgeable advice on personal injury compensation cases
If you have suffered injury and, as a result of that, you are wondering if you are eligible to claim compensation, let our knowledgeable advisors help you decide. All our specialists are able to explore the specifics of your case, and help you decide how strong your case might be.

If you decide it is strong enough to proceed - and we promise that it will be your decision, with no pressure from us - we can put you in touch with a skilled no win, no fee solicitor who will be able to offer you first-class representation, in most cases with no fee at all for you to pay. If yours is one of the few claims we cannot handle on a free basis, we will be entirely open about the potential costs and try to keep them as low as possible.

We only work with UK firms governed by the Solicitors Regulation Authority, so you can be sure of our professionalism. Our 100 percent compensation guarantee also allows you to be sure of receiving every penny awarded to you in a won case.

But first you need to receive free initial advice - and that's available through our UK hotline, 0800 10 757 95, through our online claim form, or by chatting online to a personal injury compensation expert. We look forward to hearing from you.