A case decided in Plymouth County Court (Bateman v Devon CC) (which you can read more about on our blog, here) recently found in favour of a motorcyclist who fell from his bike due to a large pot-hole in the road. The case caused arguments over whether the incident was a Road Traffic Accident, as a motorbike was involved, a Public Liability Accident, because it involved a defect in the highway or neither, because it did not strictly fit the legal protocols that covered either category. 

 

During the arguments in the case, various other cases were raised which brought to the surface the often complex nature of claims. It is all too often the case that people believe that because there was an injury, it is clear the fault of Defendant “X” because they are the nearest person or organisation with responsibility for the area.  

 

MG Legal, your local personal injury solicitor Lancaster, has a history of dealing with both simple and complex claims. MG Legal recently successfully settled a case where an individual was injured in the workplace, but the claim was handled under the Public Liability, not Employer’s Liability, Protocols as if he was a visitor to the site, because ultimate responsibility lay with the site owner, who had themselves sub-contracted another party to provide the faulty equipment used. Efforts have been made in past years to simplify the protocols but, unfortunately, life does not follow legal protocols or fall into “black and white” categories very often. This is why MG Legal, your local personal injury solicitor Lancaster, recommends that you always use a reputable solicitor to ensure you do not end up in a complex dispute over legal protocols, incorrect Defendants or incomplete particulars of claim.