Climbing Accidents

The parents of a two year old boy who drowned in a duck pond may be refused compensation. The family had been on a caravanning holiday in Greenacres Holiday Park near Pothmadog in August 2004, when the two year old boy was found by his father, floating with his face down in a duck pond after he and his 14 month year old brother wandered off just 60 yards away from the caravan. As a result, the boy drowned to death. Last year, the boy’s parents took legal action against the Bourne Leisure Ltd – which operates the holiday park – for the trauma, the experience put onto the boy’s father. Public liability The claim was settled in court and boy’s father was awarded with £25,000 in compensation for the trauma of finding his son, after Judge Seys Llewellyn QC, at Wrexham County Court held the firm liable under the Occupiers Liability Act. The Judge stated that although Bourne Leisure had taken precautions to fence around the pond, it was still “a trap for the unwary” and holidaymakers should have been made aware of any hazards. However, the father may need to reimburse the £25,000 payout if a court appeal made by Bourne Leisure is successful. The firm filed an appeal against the court ruling stating that there was “no sufficient basis” for the ruling that further information of the hazards would have “prevented the lapse of attention that enabled children’s escape.” Christopher Alldis QC for Bourne Leisure stated that its guests had received a “welcome pack” which included the location of the three ponds. He also argued that the firm had the right to expect “close parental supervision of children as young as two and a half.” However, Simon Earlham, solicitor for the boy’s father said that the ruling was “unchallengeable.” He stated that both parents were “responsible, attentive and caring parents” and “transparently honest.” Fight for change The father of the boy is now fighting to change the law to ensure appropriate precautions are taken to all man-made water attractions. He stated that the water areas should be fenced off so that children are unable to climb over or under barriers. He said that his son may still be alive had the fence been higher. The boy’s father said: “No judgment has been announced yet and it would not be appropriate to comment until that has happened. But the case is not about the money. What I’m trying to get over is that most adults can take responsibility for their own actions – the few that can’t and the children need looking after. I want a change in the law so that any man-made water attraction is properly fenced off. There’s not a lot more I can do but I will keep trying.” One judge, Lord Justice Stanley Burnton, said: “A toddler can disappear in a fleeting moment. I don’t think there can be any parent who has not been in that situation. It is impossible to live in a riskless society”.

A public liability case has set tails wagging amongst the pooch population, after a golden retriever had to have emergency treatment from being covered in toxic anti-vandal paint on St Annes beach. Alan Grundy was walking his pet dog, Charlie, close to where Brian Newman, a developer, had demolished a sand dune and built a new one further back. In an attempt to stop people climbing on the newly created dune, to reduce public personal injury, Mr Newman had coated the wire surrounding it with anti-vandal paint. But as Charlie, who is also a show dog, walked past the dune, his legs were covered in the paint. Mr Grundy, a retired civial servant, who lives in Layton, said: “Charlie was just doing what dogs do and investigating, but when he came back, he was smeared with black toxic paint. My wife was distraught and didn’t know what to do, we had to go straight to the vets.” The couple were told Charlie would have to have his leg shaved as the paint could be fatal if ingested. Mr Grundy also said: “I had no choice but to have Charlie’s leg shaved. There was also a section of rope at the top of the new dune covered in the paint.” Lack of awareness Commenting on the lack of public awareness concerning the matter, Mr Grundy said: “There is a small sign warning of the vandal paint there, but this cannot be seen by people walking on the beach. We walk there a lot, and it shouldn’t be allowed, and poses a danger for children who play near the dune, on the public beach.” After complaining to Fylde Council about the anti-vandal paint, Mr Grundy has been told there is nothing the authority can do as the land belongs to Mr Newman. A spokesman for the council said: “As the section of the beach opposite Mr Newman’s house is private property there is nothing we can do about it, despite the fact it is in a public area. “However we have advised Mr Newman that it is in a public place, and can be accessed easily by the public. We have also told Mrs Grundy that she could pursue legal proceedings for owner’s liability.” The need for public liability Phil Grace, a liability risk manager stated that risk assessment is the key to ensure public safety, and land owners. He said: “Should conduct a risk assessment in the first instance, which will highlight any potential risks that need to be managed.” He added: “This does not have to be an arduous task. It simply involves looking at what needs to be done and working out the safest way to complete the job.” David Head from the HSE concluded that such cover is vital for any land owners: “The financial cost can be huge while the personal price in pain and inconvenience cannot be under-estimated. We want to raise awareness of how these incidents can happen and how they can be easily avoided by taking common sense actions and precautions at no or little cost.” Beach injuries It is hardly surprising that Mr Newman developed tactics to stop people from injuring themsleves on the newly built sand dune. In 2000, 58 people died on beaches and the majority of accidents linked to spinal injuries due to falling over sand dunes.

The exercise has been used in the program for over 45 years and has never resulted in a fatality. In fact, the program itself was established over 45 years ago and no lifeguard has ever died during the popular training activities which the program implements. It seems that the death was a result of a very unusual accident.During the “speed drop,” a group of approximately 25 lifeguards was asked to swim from the beach out to the marine safety boat which was anchored around 100 yards away from the shore. After climbing back into the boat, the lifeguards waited for the boat to head back to shore so that they could jump from it while it was in motion. Lifeguards and members of the coast guard are often required to jump from moving boats in order to save victims from drowning. After jumping from the boat while in motion, the lifeguards were to swim in a group to one side of the boat until the captain turned to pick them up again. In this case, the 11-year old girl had not swum fast enough to reach the group before the boat turned to pick them up again. The boat struck her and left her with spinal injuries and possible head injuries that later caused her death. The captain driving the marine boat was none other than a Huntington Beach Marine Safety lieutenant. The lieutenant has been working for the past 20 years as a training officer for the junior lifeguard program in Huntington Beach. Following the accident the man was given a toxicology test to check for the presence of drugs or alcohol. Neither drugs nor alcohol, however, were found in his system. The man was quickly placed on leave by the Huntington Beach Junior Lifeguard program and will likely remain on leave until investigations are complete. If you are ever involved in a California boating accident or injury or any other form of accident in Los Angeles, consider choosing a Los Angeles personal injury lawyer. The Huntington Beach Junior Lifeguard program is incredibly popular and well-supported by the entire community. In fact, there are now over 20,000 lifeguards across the country that began their careers in water safety in this very program. The lieutenant that was driving the marine boat on the day of the accident was also a well-respected member of the program. He is a member of the U.S. Coast Guard and was actually awarded the Public Safety Medal of Valor at one point in his career as a lifeguard training officer. It is hard to believe that the man could have been negligent in his duties as a training officer, but the police are investigating every avenue they can to find answers regarding the tragic accident and the death of this 11-year old girl.

Victims of an accident can claim compensation for any injury. Claiming for any personal injury is the right of every individual as long as it was no fault of their own. Accidents cannot be avoided. They happen every day. An accident can happen anywhere, on the road, on the pavement while taking a walk, in the work place, or even while climbing stairs. Here is how to claim for any injury, when it is not your fault that had caused the mishap.

An accident results in personal injury to the victim and damages to property. For the benefit of the victim, compensation is awarded for such injuries in which the victim is paid financially for their loss, which will recuperate all the expenses due to the accident. Most claims will cover all the expenses inherited by the victim.

To make a successful compensation claim for a personal injury, the first step is to file a case. Without a case, one cannot proceed with the legal proceedings. Time frame is also an important aspect. The case should be lodged within three years of the incident. The victim must also have enough evidence to support the case. Evidence proves to be valuable and vital to confirm your innocence.

Compensation claims for personal injuries are best processed with the help of a solicitor. Personal injury solicitors are experts in the field and are familiar with the legal procedures; they can easily help the victim to win the case in court. Most of the solicitors go by ‘no win no fee’ arrangements in which the lawyer agrees not to take any fee from the victim if he does not win the case. If he wins the case, the victim gets 100% settlement amount and the opponent pays your lawyer.

Any trip, slip or fall should be reported to the authorities in charge. Even if it is an accident at work, the employer should be notified even if you are planning to claim against them, eventually. The incident should be recorded in the company accident log book. In the case of a road accident, the police should be called at the accident scene. Any medical assistance required should be called for. Collating evidence, if you are fit to do so, noting down personal details of the other driver involved and any witnesses.

A case to claim compensation cannot be filed if the incident happened due to your carelessness. One cannot file a case for an accident at work if it had happened due to you breaching company rules. It should be proved beyond doubt that the accident was at the fault of the third person.