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DGB Solicitors have a wealth of experience in defending personal injury claims brought against businesses by employees and members of the public. There are many simple steps a business can take to improve its prospects of defending personal injury claims successfully. Here are just a few for Mersey Maritime Members to bear in mind:

DOCUMENTATION

Complete it carefully – Completing an accident record or report is your chance to pin down the facts.

Refrain from making personal comments or including mere opinion. Stick to the facts as you know them to be or as they are reported to you. If you are completing a form on the basis of third party information, say so, and identify the source in your report.

Ensure that full witness details are noted including mobile numbers. It might be 2 or 3 years before your witness is contacted. The more information you have for them, the higher the prospect of making contact successfully in the future.

Keep everything!!! The destruction of documents or CCTV footage (however innocent) may be looked upon with suspicion by the courts and claimant’s solicitors and prevents the parties having access to what is probably the most independent and contemporaneous evidence available.

Be aware that personal injury claims can take up to 3 years before they are brought. Ideally old CCTV footage, accident books and risk assessments should be kept for at least 3 years although we appreciate that this may be impossible due to commercial considerations.

WITNESSES

Early proofs from witnesses can be very helpful. If obtained prior to intimation of a compensation claim, the claimant will probably be entitled to sight of them provided the statement was completed as a direct result of his or her accident.

FLASHPOINTS IN PERSONAL INJURY CLAIMS

Generally, employees are reluctant to bring claims against their employers. However, even the most loyal employee reconsiders his or her position at certain times.

Typical flashpoints are:

• Redundancy
• Contractual and/or SSP coming to an end
• Disciplinary action
• Retirement
• Under TUPE arrangements

RISK ASSESS

We recommend that you:

• Engage – complete risk assessments
• Read – consider what you or your consultant identify in the risk assessments
• Action – any recommendations identified
• Review annually – your risks may change due to changes in your business or legislation
• Keep old assessments – the assessment valid at the time of the accident will probably be the most relevant to any personal injury claim.

There is a great deal of help available with risk assessing on the HSE’s website. Checkout: http://www.hse.gov.uk/contact/faqs/riskassess.htm

YOUR INSURERS

We recommend that you:

• Keep them in the loop
• Notify them of any accident even if you think your business was not at fault
• Consult them before responding to any letter you receive from the injured party or his/her representative.

ARE YOU INVOLVED IN PROVIDING SEAGOING PLEASURE TRIPS?

Be aware of the Athens Convention and (if applicable) your obligation to notify passengers to ensure that you do not unwittingly commit a criminal offence.

LAST BUT NOT LEAST

If we can help at any time please let us know. The right person at the right time can save you time, hassle and expense.

Debbie Black & Jo Kirkham
DGB Solicitors
Brow Lane House
Brow Lane
Heswall
CH60 0DT

Tel: 0151 342 2211
www.dgbsolicitors.co.uk