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Hudgell Solicitors™ | Latest News | The legal eagal returns

The legal eagal returns

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Well, that’s the Summer come and gone for another year.

Did you spend hours in the garden, soaking up the sun, whilst playing croquet and sipping drinks on immaculately trimmed lawns ?

No, me neither.

The Legal Eagle slot took a short break from WCHR during August, but was back with a vengeance on September 6th.

We had the usual interesting selection of questions from listeners.

One related to the perennial problem of getting food poisoning whilst on holiday abroad.  A listener’s wife had been hospitalised for 4 days after a particularly nasty incident, and he understandably wanted to know whether it would be possible to claim. We get a lot of these queries at this time of the year.  If the hotel accommodation and food were all part of a package deal, then this would make it possible to make a claim in this country, otherwise matters become more complicated as the likelihood is that any claim would need to be brought in the country in which the food poisoning occurred.   These claims aren’t straightforward, but we as a firm have considerable experience of dealing with them.

Another listener had slipped on some discarded packaging in a supermarket car park, and wanted to know whether he could claim from the supermarket for his injury.   The supermarket had denied that the packaging came from one of their products, and had said that they were not therefore liable to pay any compensation.    Not an easy one this.  If it could be shown that the packaging had been discarded by one of the supermarket’s employees, then there would probably be quite a strong claim (provided that the packaging could be said to create a foreseeable risk of causing people to slip on it).  Failing this, it would be necessary to show that the supermarket had failed in its duty as the occupier of the car park, to inspect it for dangers on a sufficiently regular basis, which could be much more difficult top establish.  These claims are usually about going through quite detailed inspection and maintenance records, and are again matters which our staff have considerable experience of.

Finally, one poor gentleman had broken his arm after a car came too close to him whilst he was riding his bike.  He had managed to get the car’s registration number, but didn’t know what to do next, or whether any claim would be likely to succeed given the lack of witnesses.    This situation is again all too common.  The DVLA will release details of vehicle owners, if provided with details of a relevant registration number, and confirmation that  the information is required in pursuit of a legal claim.  This is something which we do on a daily basis for our clients.  Lack of witness evidence does not always mean that a claim won’t succeed.  An experienced firm such as ours will usually be able to assess the extent to which this may cause a problem, after taking detailed instructions.  It may be the case, for example, that there is CCTV coverage in the area where the accident occurred, and that the whole incident was recorded, or simply that the circumstances of the accident themselves prove that the driver was not exercising the necessary degree of care.

The Legal Eagle slot will now take place on the first Thursday of each month, with the next one scheduled for 4 October.

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Sean Gordon

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sg@hudgellsolicitors.co.uk

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