Personal injury claims, who is at fault?

As personal injury claims are based on the faultiness of other parties, the damages may be awarded to those suffering the consequences. During the process, the claimant is obliged to prove the negligence which caused the harm and demonstrate his/her loss. To simply tell, to have a valid reason to make a personal injury claim, someone else’s behaviour or actions must have been the reason for the accident. However, this is not something that can be evaluated individually, and the laws should be examined in-depth to come to a conclusion. However, in motor vehicle accidents and workers compensation claims, the entitlements are modified in a manner to provide benefits and income support payments to cover the loss of those who are in need. Unlike the professional negligence and liability claims, in motor vehicle accidents, as long as the party at fault haven’t committed a serious offence, income support payments and medical expenses may be awarded, to a limited extent. In workers compensation claims, negligence of the worker isn’t taken into consideration as the system is based on a no-fault scheme.

Who is responsible for my burn injuries?

Burn damages can naturally last permanently. However, only because the accident occurred in a place where someone else is in charge, isn’t a valid reason to accuse them of being at fault. Laws clearly state that, the activities involve inherent and obvious risk, and damage taken whilst performing these activities are not compensable. If the accident arose as a result of negligent behaviour and it was someone else’s fault, then a compensation claim can be brought forward. This situation can be distinguished by such example:

‘’In a restaurant, Josh and his friends were celebrating their 1st anniversary of employments. The restaurant and the properties that belong to the business were maintained properly. It was a self-catering grill house and josh was responsible for the grill and naturally, the fire. If salt or oil come into contact with fire, it will react instantly, and the fire will flare up. If Josh disregarded this natural fact and was harmed, the business has no liability for Josh’s injuries if the equipment provided to Josh and his friends were at acceptable standards and were utilising correctly.’’ 

This is a scenario which the harm could have been prevented if Josh and his friends have acted in a responsible manner by considering the risk which was naturally obvious.

Occasions when the business is liable

The business will be liable for your injuries if the necessary action was not taken in a timely manner to eliminate the risk factor and eventually, caused harm. In a similar scenario, the business should maintain the equipment to eliminate the risk factors such as incorrectly placed objects, unpredictably working fireplaces or similar hazardous objects.

‘’Josh and his friends were celebrating the 1st anniversary of their employment and in the same restaurant, the grill was not maintained properly, and the grill was unstable due to being old, damaged, or by any other reason. Suddenly, the grill tipped over and caused burn damages to Josh and his friends. These damages caused the group to suffer medical situations and loss of income.’’

From this perspective, Josh and his friends had no chance to be aware of the risk and the business failed to act responsibly to prevent such accident. The restaurant’s equipment is under the responsibility of the business and on such occasion, liability for the damages cannot be avoided, as the business failed to take care of their products. In public liability claims, those who suffer injuries and medical conditions as a result of a negligent action can claim compensation to ease the sufferings. Not only for burn damages, but the victim can make a claim for any form of injuries occurred from negligence.

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