Consumer Rights - "Black Friday"

Between Black Friday and Cyber Monday, who is looking out for you?  

With pay-day on the horizon and Christmas ever near, "Black Friday" gets many shoppers excited, and taken care of just in time for the festive break.  

Traditionally an American practice, Black Friday lasts one day with Cyber Monday being its online counterpart. The UK has continued this extravaganza with some added flare as this year stores across the country have enticed consumers with deals up to two weeks in advance of the event - and let's not forget the weekend long extension.   

From household goods and electronics, to holidays and the latest trends in fashion and cosmetics, there is something on the sale rack for everyone. No one is safe from the impulse to spend as visually we are bombarded with adverts of must-have products and the reminder that "Sale Ends Midnight." Some retailers have gone as far as stocking products solely for this event. So what's the catch? Faulty products and restrictions on refunds and returns.  

For those who shop in store and either try or inspect goods before taking them home, this isn't too much of a problem. But, what happens when damage and defects present themselves after the fact? And what can you do when you've chosen to forgo the crowds and congestion by shopping online? 

Article by Kagowa Kuruneri

As a customer you are protected by the Consumer Rights Acts 2015 (CRA). This Act entitles you to return products that are not as advertised. Your rights under this Act are simple, all goods bought either from shops or online must: 

• Be fit for purpose 
• Be of a satisfactory quality and standard; and  
• Be as described, matching any models seen or examined.  

If your purchases do not meet the above criteria, or cause you any injury in any way, you are entitle for a refund, replacement or repair. Whether you've bought your goods online or in-store you have a grace period in which returns can be made (usually 7 - 14 days from the day you receive your items.) It is your right to return unsatisfactory products, no matter what bargains seduced you. You also have a right to cancel orders made online.  

That being said, online shoppers beware! There are some purchases that cannot be undone. Certain items that come specially sealed cannot be returned or refunded if their seals have been broken (e.g. CDs, video games or software.) Similarly, intimate items such as underwear and earrings cannot be returned for hygienic reasons, nor can you return items made to personalised specifications.   

So as you participate in the mad dash that Cyber Monday brings, exercise caution and shop smart. Keep your receipts and pay attention to the fine print. Before you check-out, read the returns policy and information about your right to cancel orders. If you are concerned about a recent purchase, believe you have a claim against merchants or manufacturers, or feel that you would like some legal advice regarding your consumer rights, we at Garden House Solicitors are looking out for you.

Email me, or connect with me on LinkedIn. 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

No Win No Fee – What does that mean?

Looking for free legal representation in a personal injury claim? When it comes to litigation cases like personal injury, solicitors cannot act for free but they can act under agreements that are commonly known as No Win No Fee agreements.

But what does No Win No Fee mean?  It means that we agree to take on your case and do not charge you for our time and expenses until you win your claim. When you do win we take the benefit of the general costs rule in litigation which is that the losing party pays the winner’s costs. We therefore submit our bill of costs that would otherwise be payable by our client, to the opposition party to pay.  The opposition party generally only have to pay our ‘reasonable costs’ which means that they will do their best to reduce our costs to what they consider to be reasonable. If we cannot reach an agreement on what costs are reasonably incurred then the matter is taken to court and before a judge to make that decision.

Personal injury – Why you should not feel bad about making a claim

Making a personal injury claim can be a daunting and confusing experience, especially if you have suffered a life-changing or otherwise serious injury.

If you are injured as a result of an accident that was somebody else’s fault, you will usually be entitled to make a claim for compensation.

Accident on holiday

More than half of the people in the UK are expected to travel abroad this year and figures show that package holidays are often a first choice for friends and family alike when considering value for money and the types of activities, excursions and facilities available.

Whether your holiday is a family holiday, for relaxation or sporting activities, suffering an illness or an injury while abroad will often result in the long awaited holiday being brought to a grinding halt. Accidents abroad can often be difficult as the law relating to personal injury differs from country to country but if the holiday is booked as a package holiday, that is to say to include a combination of either flights, accommodation, transport and transfers and other tourist services, then there is a level of protection implied which may entitle you to bring a claim for personal injury and/or death. This protection encompasses a number of different circumstances, albeit whether the accident occurs on the aeroplane, in the hotel, on an excursion, or even food poisoning, whereby you may be entitled to bring a claim.

 

How do we value a claim for personal injury?

Despite the best medical developments it is highly unlikely that a sum of money can put one back to their pre-accident state, free of injuries. So how do we decide what you should accept in compensation for the injury that you have suffered?



Article by Nidhi Chopra

The law provides for compensation to an injured claimant for the pain, suffering and loss of amenity that has been caused as a result of the accident. How do we know what pain suffering and loss of amenity that has been caused to the Claimant following an accident? We do this by obtaining independent reports that are accepted by the Court from appropriate medical expert witnesses. The experts provide their opinions as to what the Claimant has suffered as a result of the incident, what further treatment they could need to get them in a better state and what their long term prognosis is likely to be.

Traumatic Brain Injury or Head Injury

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One of the most interesting and rewarding aspects of my job is dealing with personal injury cases that involve a head injury. I have dealt with a number of non-fault accident cases where the injury has involved a blow to the head. The effects of this type of injury to a person is profound and when we come across such a claim we look into how the injury has affected the client’s family and friends, how their work and career is affected and what their future is likely to hold for them so that we can secure the best compensation for them.

Proclaim Case Management System

GHS has recently implemented the Law Society’s accredited Proclaim Case Management System which is streamlining a vast number of administrative processes, reducing turnaround times and increasing the quality of the service our clients receive.

We believe we need to stay ahead of the competitive legal market and by investing in this technology we anticipate providing an even better service to our clients. 

Security Staff

There are many different types of doorman and security staff employed within the UK. With numerous nightclubs, bars and pubs opening up every year, it is often a sensible choice for managers of such establishments to employ door staff and security personnel in order to protect the physical safety of their patrons, reputation, business and financial interests.

Within the UK today there are in excess of 200,000 nightclubs, bars and pubs who are fully licensed to serve alcohol to the general public. Where the law imposes strict laws under the Licensing Act 2003, it does not actually provide companies with any requirements as to the extent of security required. So what are the risks posed to an establishment that employs untrained or unskilled doormen?

Data Protection Act

Article by Patricia Ling

Do you know that under the Data Protection Act 1998 you have the right to ensure that all information held on you is factually accurate and if you can prove that is not the case you can make a formal request to the party holding the records for them to be rectified.  This includes your medical records.  You are entitled to ask your GP for a copy of your medical records and they are likely to make a small charge for provision of the same, the maximum that GP surgeries can currently charge is £50.  If you find anything in your medical records is inaccurate you are entitled to write to the NHS Trust that holds the records and request rectification.



If the Trust does not rectify your records, you can make a formal complaint under the NHS complaints system. If the Trust is unreasonable you also have the right to take the matter to court, although at present you have to show that the inaccuracy is harmful to you in some way. (The same applies if you want to challenge inaccuracies in social work records).



If the record is factually correct but you dispute a doctor's opinion, you have no legal right to get the record changed or deleted but you are entitled to have it noted on your records that you do not agree with the GP’s opinion and it will help your argument if you get a more recent medical report which agrees with you and disagrees with the doctor's opinion. Even if you do that the Trust concerned will not normally agree to delete the earlier reference but will insert a cross-reference to the later report.

For help and advice regarding data held about you please contact Patricia Ling on 01992 422128 or by email patricia@ghslaw.co.uk

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Big Brother is Watching!

The Government is asking your GP to transfer your electronic medical records onto a national database called the NHS Spine without seeking your consent. If you want to keep your medical records secure you have to opt out of the scheme. For information on protecting your privacy follow the link http://www.thebigoptout.com/about-nhs-confidentiality/



Article by Patricia Ling



The problem as I see it is that your entire medical history, including details of any conversations you have with your GP, will not be secure.  This information will be uploaded to a central record system referred to as the NHS Spine which will be run by BT and Oracle and will cost an estimated £20 billion.  Those records will no longer be held at your GP’s surgery and can then be accessed by over a million NHS employees from hospital staff, your local pharmacist to thousands of NHS admin staff.  These records will also be accessed by central Government bureaucrats.  All of these people will have access to your name, address, telephone numbers (even if ex directory) and your NHS number and your GP’s details.  This sensitive information will be stored in hosting centres and will not be anonymised.  Even those who do opt out will have their medical data uploaded to the central system and the promise from the Government is that their names, addresses and dates of birth will be removed but there is no guarantee of that.  At least if you opt out your records will remain with your GP so will be safer as they will only be accessed by your own surgery.  Many GPs have seen the risks of the database failing and their patients’ medical history becoming public knowledge and they are encouraging their patients to opt out.  The General Medical Council conducted a survey and report that 9 out of 10 GPs believe that patients should be asked to give explicit consent before their medical records are uploaded to the NHS Spine and 8 out of 10 GPs polled said they were opting out and opting their own families out as well.

Fatal Accidents and Claims for Bereavement Compensation



Article by
Nidhi Chopra



It is an extremely difficult time when a loved one passes away, but when the death is caused by someone else’s negligence or fault then natural feelings of bereavement are also accompanied by resentment and numerous unanswered questions.

When there has been a violent, suspicious, unnatural or a sudden death of an unknown cause, the death is reported to a Coroner who will make inquiries to establish the cause of death. The Coroner may hold an inquest hearing. Reports to the Coroner are often made by doctors, hospitals and the police. The victim’s family are able to review the reports and attend the inquest to hear the evidence.

Whether the death was caused through a road traffic incident, a hospital operation going wrong, or a workplace disease; if investigations and evidence suggests that the death was caused by someone’s negligence or fault, then the law has made provisions to allow bereaved relatives to claim compensation from the wrong doer to support them, as far as money can provide, for their future. 

Accidents at Work

Article by
Dave Koon Koon

In yet another blow to the genuinely injured individual the laws which cover many of the aspects of an employer’s liability to their employee, should an accident happen at work, are changing from October 2013.

There will be many changes that will affect the prospects of success of claims being made by those injured at work and one of these changes is the removal of the requirement that the employer must prove that they have taken steps that are ‘reasonably practicable’ to ensure that their employee is not injured at work.

At present it is for the employer to prove that they have taken all reasonably practicable steps to reduce the risk of injury to its lowest level in compliance with whichever regulation or statute is relevant to the circumstances. It is not for the injured employee to do this.

Following the changes in October 2013 it will be more than likely up to the injured employee to prove that the employer failed to take all reasonably practicable steps to reduce that risk to its lowest level in order to comply with the relevant regulation or statute. This will in turn lead to increased expense for the injured party as additional expert evidence will be required to prove their case.

Another particularly significant change is the removal of ‘strict liability’ from the various Health & Safety regulations. An example of how this works is that at present, if an employee is injured at work, through no fault of their own, whilst using machinery or tools, which are defective or faulty and that work equipment has been provided by their employer then their employer will be liable to compensate the injured employee for their injury, regardless of whether the employer had knowledge of any problem with the equipment.

Following the changes to the Health & Safety regulations in October 2013 ‘strict liability’ will have been removed which means that should an employee be injured at work by defective or faulty equipment, provided by their employer, then the employee will have to prove that their employer was negligent in providing that equipment. This change will therefore shift the burden of proving the case to the injured employee who has done nothing wrong.   

If you have been involved in an accident at work please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Manual Handling at Work

One of the most common causes of injury at work is incorrect manual handling. It can cause Musculoskeletal Disorders (MSDs) which account for more than a third of all workplace injuries. Common questions regarding manual lifting at work include:

Are there any weight limits on manual lifting?

The law does not specify a safe maximum weight limit. Instead it places a duty on employers to manage or control risk. The measures an employer must take to meet this duty will vary depending on the circumstances. For instance, the employer should consider the strength and fitness of the employee and the weight of the load and distance to be carried.

Should I take a manual handling training course and what will it involve?  
Manual handling training courses should involve learning about manual handling risk factors and how to avoid injuries along with how to safely manually handle goods and the use of mechanical aids. Although training can be important in reducing the risk of injury at work, employers should supplement this with monitoring and reviews of procedures to guarantee that practice is safe. 

Does a 'no lifting' policy exist?

The Manual Handling Operations Regulations 1992 (as amended) do not exclude individual types of manual handling or endorse 'no lifting' policies. Manual handling should be limited to circumstances where it cannot be avoided and only where the risk has been assessed and minimised.

Personal injury trusts – what’s the story?

 

Article by
Chris Lucas

I have just settled a personal injury case for one of my clients who had an unfortunate accident whereby a barrel was thrown onto his leg causing a significant trauma injury with various other complications. The case settled for a five figure sum and was actually the highest award I have ever achieved for one of my own clients in my career as a trainee. Given the amount of compensation my client is due to receive, I have advised him to give careful consideration to setting up a personal injury trust.

What is a personal injury trust?

A personal injury trust is a legal arrangement whereby the compensation awarded from a personal injury claim is held and controlled by people chosen by the injured client, the ‘trustees’. The trustees’ responsibility is to look after the money and use it for the benefit of the injured client, the ‘beneficiary’.

Can’t I just pay my compensation into my bank account?

There are a number of reasons why we would advise any client receiving a large amount of compensation to set up a personal injury trust. The most common reason is that if you are in receipt of means tested benefits, the money you have will be taken into account. The threshold is that if you have over £6,000, your entitlement to benefits will be affected. In addition, if you currently receive or will need Community Care Support at some point in the future, having a large sum of money can lead to your support costs increasing significantly.

What if I just spend my compensation quickly?

Your entitlement to benefits could still be affected if you do not act in a way which is considered reasonable. Spending your compensation all at once on a shopping spree or using the money to pay off your mortgage are examples of where the Benefits Agency might conclude that you have attempted to defraud the system and you could be penalised as a result.

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Article by
Chris Lucas



It is important that nurses and other hospital workers are aware of the occupational hazards of working in hospitals and the duties owed to them by their employers. We have received many enquiries from nurses who have been involved in different kinds of accidents ranging from slips, trips and falls to unsecured equipment falling from walls in hospitals and x-ray machines being rolled over nurses’ feet.

Needle stick injuries are also an occupational hazard for nurses and other healthcare workers. According to the Health Protection Agency’s fourth Eye of the Needle report, there were 541 reports of needle stick injuries which exposed healthcare workers to patients carrying blood-borne viruses in 2011 alone.

Other hazards facing nurses include:

-          Exposure to x-rays

-          Handling of cytotoxic drugs

-          Exposure to infections

-          Splashes of chemical or bodily fluids into eyes

-          Back injury as a result of moving and handling patients

-          Assaults on nursing staff by violent patients

Both the NHS and private hospitals have duties to maintain safe systems of work and ensure that workplaces are safe for their employees. Of course, accidents do happen. If you are a nurse or healthcare worker who has suffered an injury at work, please do not hesitate to contact me for further advice.

You can call me on 01992 422 128 or email me at chris@gardenhousesolicitors.co.uk.

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Connect with me on LinkedIn

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Access to Justice Post 1 April 2013

Article by
Dave Koon Koon

Following a review of the funding of Personal Injury claims by the Government drastic changes are being implemented from 1April 2013.

The major consequence of the changes is that the cost of pursuing a claim for Personal Injury has been shifted from the insurer of the guilty party to the injured party and in some circumstances this will mean that legal costs will have to be deducted from the injured party’s compensation.

The insurance companies claim that this will bring legal costs down and allow them to in turn reduce insurance premiums but only time will tell if that actually happens.

A Defeat for Access to Legal Advice

Article by
Dave Koon Koon

Many vulnerable victims of injury will now find it impossible to obtain independent legal representation as a result of Friday’s bitterly disappointing judgment in the Administrative Court.

As the Government has now decided to slash lawyers’ fees in the road traffic accident claims process, many people will be left on their own to negotiate with insurers for fair and proper compensation for their injuries.

The vast majority of injured people have no knowledge of what their injuries are ‘worth’ in terms of damages, so such negotiations will inevitably be biased in favour of the insurers. A recent independent survey found, for example, that 70 per cent of people would not know what level of compensation to claim for a whiplash injury. 

This is a dark day for people who are injured through no fault of their own. We can only hope that the Government does not take this judgment as licence to ride rough-shod over the needs of vulnerable people in the future.

We are committed to continuing our work to helping victims of road traffic accidents. If you need advice contact Dave Koon Koon on  01992 422 128 or email dave@gardenhousesolicitors.co.uk .                                   

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Seeking Professional Legal Advice after an Accident

Article by
Dave Koon Koon

I have recently come across an increasing number of employers who are trying to settle claims for personal injury, directly with their employees, without once mentioning to the employee that they should seek independent legal advice.

We have seen this scenario before by way of ‘third party capture’ where the Defendant’s insurance company contacts the injured party directly offering to pay them off before they seek legal advice and in either scenario accepting the offer directly from the Defendant or their insurer, without seeking legal advice, leaves the injured party at a very serious risk of being under compensated.

In addition to not being adequately compensated my concern is that the injured party may be losing out on the chance of seeking funding for the rehabilitation or medical treatment they may need and usually the need for rehabilitation or medical treatment is only highlighted once the injured party is examined by a medico legal expert.

I have managed to secure funding for a wide range of medical treatments which can vary from physiotherapy, osteopathy, cognitive behavioural therapy, counselling sessions, dental treatment, ophthalmic care, scar revision surgery and various other surgical procedures.

If my clients had accepted the offers made by the Defendant, without first receiving legal advice, they would not have been able to afford the cost of the medical treatment that they required and their recovery would have possibly taken much longer.

If you have been involved in an accident at work or an accident in a public place please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Injured Whilst Shopping



Article by
Dave Koon Koon



Great start to the week as I have just settled another claim.

My client was injured whilst shopping at a DIY store in Stevenage. She was looking at a product displayed at the end of an aisle and whilst observing the product she stepped onto a wooden plank that had fallen off the side of the display.

The wooden plank had exposed screws and my client did not see these as her attention was focused on the product being displayed. On stepping onto the wooden plank a screw punctured her foot causing her injury and she required medical attention as a result.

Liability was admitted as the Defendant clearly should have had a better system in place to identify that its display was broken and posed a hazard to shoppers.

Responsible Dog Ownership

Article by
Dave Koon Koon

The BBC has reported today that according to the PDSA ‘nearly one in three UK dog owners has reported being bitten or attacked by a dog’ and that 1.3 million dogs in Britain are exhibiting what is described as ‘problem behaviour’.

An explanation for this is a lack of adequate obedience training at an early age or at all and the deliberate training of dogs to be aggressive.

The survey referred to in the PDSA Report was conducted by YouGov researchers and highlights that 61% of dogs had not attended training sessions within six months of life and it would appear that the problem with aggressive dogs could be halted with obedience training done at an early age. The solution here is obviously educating dog owners about their responsibilities not only to their dogs but to members of the public in general and the Good Citizen Dog Training Scheme promoted by the Kennel Club is one of the schemes that promotes responsible dog ownership.