Personal injury claim in Lairg

0

An accident in the beautiful Scottish town of Lairg which occurred last year has proven to be very much reminiscent of one of the most important and noteworthy cases in English personal injury law, Kent v Griffiths (2000). That case was a seminal moment in the development of the modern law applicable to the ambulance service, and was crucial in defining the limits of liability imposed on public services and particularly operational organizations within the National Health Service.

Making a personal injury claim in Lairg and the liability of public service organizations

There were a long chain of cases in the 1990s which struggled to define the limits of liability in cases similar to the personal injury claim in Lairg. It was unsettled for a long while whether public services such as the police, ambulance and fire brigade could owe a duty of care to the public at large. The difficulty existed for two reasons:

  • Firstly, the law generally expects a degree of practical proximity before liability is allowed. For instance, it is clear that a car driver is spatially close to other road users and pedestrians so that he or she owes them a duty to drive carefully, but the law is concerned also with the fact that the risk of causing the other person harm was reasonably foreseeable (i.e. predictable). It was not clear that public rescue services could practically and fairly have this level of proximity with every person within their designated range at once.
  • Second, there was a concern from ‘public policy’. This is a term used by judges in a broad range of senses, but it usually means that the judges risk creating a legal situation which is contrary to the best interests of the general public – in this case by costing the public services a huge amount of money for every mistake when this money would be better spent on front line services. This is not to say that such liability is impossible in law, but that it really ought to be created by Parliament and central government, which are better placed to research and understand the potential costs of new liability and provide for it in the necessary budgets. Naturally, it also factors in that judges are not democratically elected and so might not be best placed to make such decisions.

In Kent v Griffiths, the court finally allowed a degree of liability, but this liability only existed once proper information had been communicated to the ambulance services – other emergency services have been treated a little differently by the law. In that case, the ambulance took 40 minutes – considered to be unreasonably long – to reach a woman who was having an asthma attack. In the recent injury claim in Lairg, the period of time was 45 minutes and the unfortunate injury victim was in anaphylactic shock.

However, it would be wrong to suspect that liability for the injury will be necessarily instantaneous based on the authority of Kent. The victim was located in a remote and not easily reached area of the Highlands, and this will effect what the court will determine to be a ‘reasonable delay’. The case is likely to go to the County Court later this year.

Does this personal injury claim in Lairg sound familiar?

If you need help clarifying this notoriously intricate area of law then why not contact Accident Advice Helpline for no obligation advice? Ring 0800 689 0500 now.

  • Was this Helpful ?
  • Yes   No

How much you could claim?

Two QUICK ways to find:
  1. Call us at 0800 689 0500 or 0333 500 0993 from your mobile OR
  2. Use our Claim Calculator

Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

Claim Calculator
Find out in 30 seconds how much YOU could claim...
  • Please tell us where you were injured
  • Please enter your full name
  • Please enter a valid name
  • Please enter your telephone number
  • Please enter a valid telephone number
  • Terms and Conditions*Required


Can I Claim?

Esther says "The law states that if you’ve been injured and someone else is to blame, you are entitled to compensation." Read more >

Claim Calculator ► Accident Types ►

How Much Could I Claim?

It only takes 30 seconds to find out how much compensation you could receive. Take the 30 second test now.>

30 Second test ► Claim Form ►

Why Choose Us?

"When they say they are 100% no-win, no-fee*, they mean it. I would recommend Accident Advice Helpline to anybody." Read more >

No-Win, No-Fee*? ► Testimonials ►

Claim Now

"They were ever so professional ... they knew exactly what I was going through ... I received over £4500." Read more >

Claim Form ► Call Me Back ►
Is there anything wrong with this page? ( Help us Improve )