Longridge: 01772 783314 | Garstang: 01995 602129 | Lancaster: 01524 581306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 
A pothole in a street.
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. 
In truth, many cases do have an obvious Defendant, whether it’s the driver who ran into the back of your stationary car or the supermarket who left a spill of orange juice without cleaning it up for several hours. Even in these scenarios, it is not uncommon for Defendants to raise other arguments, such as contributory negligence, pre-existing injury or failure to mitigate (minimise) financial losses. Again, MG Legal, your local personal injury solicitor Lancaster, recommends that you use a solicitor for these claims to ensure that the correct evidence is obtained and all possible avenues of Defence or reduction in the value of your claim are countered fully and the losses recovered are maximised. 
 
At MG Legal, our team will endeavour to make your claim as smooth as possible, explaining each step of the way and always being accessible to our clients should they wish to speak to us. We appreciate that the legal ways in which cases must be handled can be confusing and the manner in which cases must be proven and evidences can seem unusual or beyond common sense and so we aim to take a common sense approach tailored to our clients. 
 
Should you have been involved in any type of accident sustaining personal injury, please do not hesitate to contact MG Legal to discuss how we can help you. We look to accept all instructions on a Conditional Fee Agreement (no win, no fee agreement) basis to ensure you can have the expert legal advice and representation necessary to bring your claim to a successful conclusion. Please feel free to call, email or drop into any of our offices in Lancaster, Garstang and Longridge and we will be happy to discuss your case. 
 
MG Legal - Your Local Solicitors 
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