Offices at Lancaster, Kendal and Barrow

Fault

We at Clarkson Hirst are specialists in complex cases where liability is disputed. It is not uncommon for the insurers of a third party to deny that their insured was at fault.

You should not stop there. Take specialist advice on whether your opponent was at fault.

To succeed in your claim for compensation, you will have to prove that your injuries were caused by your opponents negligence and / or breach of a statutory duty.

To prove negligence you have to prove that your opponent owed you a duty of care and that they were in breach of that duty of care. For example, a driver of a motor vehicle owes other road users and pedestrians a duty of care. Ordinarily a driver would be negligent if they drove their vehicle into collision with your vehicle.

Breach of Statutory Duty

Employers Liability

Employers owe a duty of care to their employees to provide a safe place of work, a safe system of work and safe fellow employees. There are specific statutory duties which include the following.

 

 

 

 

 

 

 

 

 

Over the years Parliament has enacted Laws which provide for the protection of our health and safety. The Occupiers Liability Act 1957 imposes a duty on the owners of premises to take reasonable steps to ensure that visitors to their premises are not injured. This does not mean that every accident is due to somebody elses fault. The standard requires the occupier of a premises to take reasonable care of their visitors. Examples where we have proved liability would include cases where floor surfaces have been polished so they are extremely slippy and dangerous. Hatches have been left uncovered and people have fallen, signs have fallen onto peoples heads, lights have not worked and people have fallen down steps.