Archive for January, 2016

Claim for Restaurant Food Poisoning Resolved at Court

Posted on: January 22nd, 2016

A woman´s claim for restaurant food poisoning has been resolved at the Court of Session in Edinburgh with a jury compensation award of £263,534.

In 2009, Tracey Rae (44) from Falkirk visited the Scotch Malt Whiskey Society´s Restaurant in Edinburgh with her husband and two other couples. Tracey described her experience as a “nice meal” but, the following morning, she woke up feeling unwell.

Throughout the day Tracey suffered from stomach cramps, nausea and diarrhoea. After she started to pass blood, Tracey saw a doctor – who diagnosed her with a campylobacter infection from eating undercooked chicken livers that had been served in her salad.

Despite taking medication for the infection, Tracey´s symptoms continued. Six months after her visit to the restaurant she was diagnosed with post-infection IBS and told that the condition would remain with her for the rest of her life.

Tracey now has to follow a strict gluten-free and lactose-free diet. She cannot drink alcohol or caffeine and still suffers from pains in her stomach and bowel problems. Because of her symptoms, Tracey has been unable to return to work as an adult literacy tutor.

After seeking legal advice, Tracey made a claim for restaurant food poisoning against James Freeman – trading as Saffron Private Catering – who was in charge of the food preparation at the time. Liability for Tracey´s injury was admitted, but Freeman´s insurance company declined to settle the restaurant food poisoning claim for an acceptable amount.

The claim for restaurant food poisoning went to the Court of Session in Edinburgh for the assessment of damages. After seven days of evidence, the jury awarded Tracey £263,534 to account for her pain and suffering and loss of earnings. A special consideration of £30,000 was included in the settlement of claim for restaurant food poisoning to account for the additional cost of following a restricted diet.

Passenger takes Legal Action to Recover Airplane Head Injury Compensation

Posted on: January 11th, 2016

A British Airways passenger has taken legal action to recover airplane head injury compensation after receiving an offer which he described as “derisory”.

The passenger – Wayne Herbert (45) from Crouch End in North London – had taken his seat on a British Airways flight from Heathrow to the United States when he was hit on the head by a rucksack as it fell from the overhead luggage compartment above him.

According to Wayne´s version of events, the passengers in the row behind him were trying to store too much hand luggage in the overhead compartment and, as they tried to manipulate the rucksack into a space too small for it, the bag fell on him.

The blow from the rucksack caused Wayne to suffer a whiplash-related injury. He was taken off the plane to be assessed by a paramedic but did not need to attend hospital. Wayne flew to the United States the following day, but claims he was unable to sit at a computer and work while he was there.

When he returned to London in November 2014, Wayne contacted British Airways to discuss airplane head injury compensation. Under the Montreal Convention, an airline is automatically responsible for any injuries sustained by passengers once they have boarded the airplane and liable for injury compensation.

However, Wayne was dissatisfied with the offer of air miles and subsequent offer of £500 airplane head injury compensation. Speaking with the London Evening Standard, Wayne described the offer of airplane head injury compensation as “derisory” and explained that he still suffers anxiety attacks because of the incident. He has now taken legal advice and made an official claim for airplane head injury compensation.

Wayne was also critical of British Airways´ policy of allowing passengers to take large items of hand luggage onto flights, and the lack of help being provided to the passengers who were having difficulty in finding space for the rucksack. “The staff certainly were not checking what people were doing and I’m suffering as a result” Wayne told the London Evening Standard.

A spokesman from British Airways told the newspaper: “Our cabin crew gave every possible help to our customer and we are still in contact with him to resolve this issue.”

Lift Fall Injury Compensation Claim Resolved for Cardiff Care Worker

Posted on: January 4th, 2016

A lift fall injury compensation claim has been resolved for a care worker from Cardiff, who suffered life changing injuries in a workplace accident.

On 6th March 2012, Carol Conway (52) was working at the Pontcanna House Care Home in Cardiff as a care assistant. One of her duties that day involved taking 96-year-old resident May Lewis from her second floor bedroom to the ground floor for her breakfast.

As she had done many times before, Carol wheeled Mrs Lewis to the door of the lift and waited for it to arrive. When the bell rang to signify the arrival of the lift, Carol unlocked the lift door and reversed Mrs Lewis´ wheelchair to back her into the lift.

Unfortunately, due to a known fault, the lift platform had not arrived at the entrance and both Carol and Mrs Lewis fell 6.2 metres to the ground floor. Mrs Lewis died from her injuries, while Carol – who was knocked unconscious in the fall – broke her back, several ribs, and bones in her left foot and suffered a punctured lung.

An inquest into the accident found that the owners of the care home – Shirwan and Nasik Al-Mufti – had be advised that the lift was faulty and was not to be used except in an emergency. Nonetheless, they allowed staff at the care home to use an emergency access key that overrode the safety mechanism and enabled the door to be opened manually.

The owners were fined £75,000 by Cardiff Crown Court in August last year for breaches of health and safety regulations and ordered to pay £25,000 in costs after being prosecuted by the HSE. With liability for the accident proven, Carol made a lift fall injury compensation claim against Shirwan and Nasik Al-Mufti.

The lift fall injury compensation claim was settled by negotiation, with Carol receiving an undisclosed sum in excess of £50,000. “I was awarded compensation” Carol told her local newspaper after her lift fall injury compensation claim had been resolved, “but money will never change that terrible day. I think about it constantly. My heart goes out to May and her family. I am so sorry she died the way she did – it´s tragic”.