If you wish to claim compensation in a personal injury case, there are a variety of different things which need to be proven. The first is that you were actually injured, something which will be established through a medical report. The second that the incident occurred within the last three years and the final one, and perhaps the most important, is that the incident was someone elses fault in Islington. It is this third element which we will be taking a look at on this page.
What is negligence?
When we say that an accident was someone elses fault in Islington, we are looking to establish something known as ‘negligence’.
Now, negligence does not mean that a person acted deliberately to hurt you. In fact, it is very rare that something like this happens. Instead, negligence means that a person acted in a manner that was not expected of them whilst they had a duty of care towards you.
What is a duty of care?
A duty of care means that a person, or even a company, has an obligation to keep you safe and that you expect that they will be protecting you from harm. This is a very quick list of situations where a duty of care may exist. Remember, this is not a complete list.
- Drivers on the road have a duty of care towards other road users, including pedestrians and the operators of public transport. It is their responsibility to ensure that they drive in a manner which is safe for everybody.
- Councils have an obligation to ensure that roads, pavements, and other things are kept in perfect condition and do not pose a danger to any member of the public. For example; if a pavement tile is not repaired properly, the council may have to pay compensation as it could have been reasonably expected that the pavement tile would be repaired.
- An employer has a duty of care towards their employees. This duty of care may, for instance, mean that the employee is provided with all of the safety equipment that they need, that they are provided with the right training, and even that the area is kept clean and tidy.
Accident Advice Helpline will do its best to help you to gather all of the evidence that you need to prove your compensation claim. The type of evidence will vary from case to case. It is our responsibility to prove that, on the balance of probabilities, that it was the action of the other party that led to your injuries.
Have you been involved in an accident that was someone elses fault in Islington?
Call Accident Advice Helpline today on 0800 689 0500 or 0333 500 0993 if you are calling from a mobile.
Date Published: 2nd November 2015
Author: Emma Matthews