Archive for April, 2016

Man Claims Campylobacter Food Poisoning Compensation following Moroccan Vacation

Posted on: April 26th, 2016

A man has made a campylobacter food poisoning compensation claim again First Choice Holidays after contracting the illness while on vacation in Morocco.

James and Paula Gratton stayed at the four-star Medina Gardens Hotel in Marrakech in March this year in order to celebrate James´ 51st birthday. A few days into the vacation, James started to suffer from the symptoms of food poisoning – a high temperature and stomach pains, accompanied by diarrhoea.

James´ symptoms worsened as the vacation progressed, and he was in considerable distress throughout the remainder of the vacation and during the couple´s flight home to Heanor in Derbyshire. Once home, James called the NHS Direct service who advised him to seek medical treatment at his local hospital.

At the hospital, James was prescribed medication to control his symptoms. However, the symptoms failed to ease off, and James had a stool sample tested by his GP – the sample testing positive for campylobacter – food poisoning usually caused by chicken that has not been prepared properly.

James consulted with a solicitor, and made a campylobacter food poisoning compensation claim against TUI UK Limited trading as First Choice Holidays – the holiday company through which James and Paula had booked their Moroccan vacation.

In his claim for campylobacter food poisoning compensation, James alleged that there had been a failure to adhere to acceptable standards of food preparation and storage, and it was this failure in the duty of care that led to him falling ill from food poisoning. An investigation has now started into the standards of food preparation at the Medina Gardens Hotel.

Speaking with his local newspaper about the claim for campylobacter food poisoning compensation, James said: “We booked this holiday as a way of celebrating my birthday and we’d been looking forward to it for a long time. But, in truth, it turned into a nightmare for both of us. I had to take some extra time of work to recover from the symptoms and I still don’t feel completely right.”

Council Found Liable in Cyclist Injury Compensation Claim

Posted on: April 4th, 2016

Scottish Borders Council has been found liable in a cyclist accident compensation claim and ordered to pay £100,000 for the injuries the cyclist sustained.

In December 1st 2013, David Robinson (52) was cycling with members of the Edinburgh Cycling Club northbound along the A701. As the team of cyclists approached the bridge crossing Biggar Water near the village of Broughton, the front wheel of David´s bike lodged in a metal groove in the road.

David was sent flying over the handlebars of his bike – fracturing his wrist and elbow. An investigation into the accident revealed that the groove was a joint between an old masonry arch that spanned the crossing and newer concrete deck widening that had been constructed in 1990.

The investigation also found that several parts of the joints used to connect the arch and concrete deck sat proud of the road surface, and that there was a small hole in the road immediately at the start of the groove in which David´s front wheel had lodged.

With this information, David made a cyclist injury compensation claim against Scottish Borders Council alleging that the council had failed to deal with a hazard that was, or ought to have been, “apparent to a competent roads engineer or inspector on a reasonable visual inspection”.

The council denied liability for David´s accident and injury – contesting the cyclist injury compensation claim on the grounds that the metal groove in the road did not constitute a defect and that there was no reliable evidence to support the allegations that the front wheel of the bike had actually got lodged in the groove.

The cyclist injury compensation claim went to the Court of Session in Edinburgh where it was heard by Lady Wolffe. The judge was told that the edges of the grooves would not have been exposed if tarmacking work carried out in May 2015 had been conducted properly and brought the rest of the road up to the level of the grooves.

The judge dismissed an argument by Scottish Borders Council that David should have been paying more attention to the road conditions, concluding that he was travelling with due skill and care, and there was no evidence to suggest David was riding his bike inappropriately.

Finding in David´s favour, Lady Wolffe said that Scottish Borders Council must pay him £100,000 in settlement of the cyclist injury compensation claim – an amount of damages that had been agreed prior to the hearing if the council were found at fault.