When it comes to seasonal negligence, the facts are clear. Both equipment and infrastructure require different levels of maintenance at different times of year. The term is most often used in relation to winter, when rough weather conditions can cause a lot of damage, but in some contexts it may also apply to other times of year. In an area where fruit is grown, for instance, it may be most important to ensure the roads are in good condition for autumn, when they will get more traffic because of the harvest.
Seasonal negligence is a term that can be applied both to public sector operators (such as local councils, responsible for maintaining the public parts of the built environment) and to private operators (responsible for maintaining premises so that their staff and customers will be safe). Because it means that their duties change at different times of year, it ensures that they cannot do merely what is required at the easiest time and claim it will always be adequate. On the flip side, they cannot necessarily be held responsible for damage done by unseasonal weather events or activities that they could not reasonably have anticipated.
Making a seasonal negligence claim
If you want to make any kind of negligence claim, the first thing you need to do is get the facts. Accident Advice Helpline is just a phone call away, at any time of day or night, and our friendly team is ready to advise you. This service is free of charge. We can discuss your case with you and help you to work out your legal options. In some cases we can also let you know roughly how much compensation you may be able to claim.
If you decide that you do want to make a claim, we can find you a specialist solicitor with the right expertise to take it forward. You won’t need any money for this up front because we work on a no win, no fee basis, which means that you don’t have to pay us at all if your claim is unsuccessful. Often, when we win, we are able to get our fees paid by the other side.
We can normally only take on claims made within three years of the accident occurring, and you must have been treated by a doctor for your injuries. If there is anything you are uncertain about, just give us a call.
Working with a solicitor
Once you have a solicitor, it is time to start assembling evidence to support your case. You can contribute to this with photographs of your injuries, photographs of the location where the accident happened, and the details of any witnesses that your solicitor can contact for statements. This can include people who did not witness the accident itself but can testify to the difference made to that location, or to the equipment you were working with, by seasonal changes.
Winning a case like this not only helps to repair your finances, covering such things as lost earnings and some medical expenses, it can also help to draw a line under what happened and let you move on to a new season in your life.
To discuss your claim with a member of Accident Advice Helpline’s expert team dial 0800 689 0500 now.
Date Published: December 9, 2013
Author: David Brown