Negligence Offense Under UK Law – Legal Position And Claiming Process

Legal Position to Baz

Discuss about the negligence offense as per the law of many countries including UK?

Negligence is a serious offense as per the law of many countries including UK. Negligence is also unethical, especially when the negligence of an authority or an organization or maybe of an individual may bring physical or mental harm to someone. However, the most important thing is to consider the rules and regulations allocated for the person or the entity conducting negligence and for the person affected for the negligence in terms of personal injury.

Baz was very interested about skating and he used to skate regularly on the ice rink of IceWorld. However, he planned to change his skating style that led him to a disaster, where he was terrible injured and was off work for around one and half month. The situation was terrible for him and many have criticized that there were technical faults within the ice rink facilities of IceWorld. Many suggested that the authority of IceWorld knew about the situation but they neglected to resolve and repair their facilities. Therefore, Baz technically has the legal advantage. However, it is very important to assess the way of claiming against negligence. The current assignment will evaluate the legal position to Baz and whether he could have a successful claim against IceWorld in terms of injury to his legs, damage to his clothing and loss of earnings.

The idea of negligence is not new. It started during the 1930s, when it was initially characterized in the courts on account of Donoghue versus Stevenson in the House of Lords. This case has been utilized to distinguish negligence from that point forward.

In case of lodging a claim, a person injured due to an accident is found alleging that the defendant was careless to some extent and their negligence is solely responsible for such incidents of injury and accidents.

The courts and the Legal system of the UK have many variants in terms of defining the act of negligence. However, it is considered ultimately that a negligent person is someone, who fails to perform doing something that any reasonable and prudent person would have done.

In case of any real life incidents, the law that applies the notion of negligence mutually with the correlated conception of duty of care for resolving questions regarding who obtains legal liability for any incidents regarding accident and injury. The following arguments and statements illustrate the assignment brief by analyzing the legal position. The basic questions of the current study are as follows:

The basic question whether the authority of IceWorld of has been negligent;
The question whether Baz, who had been negligent by IceWorld had a duty of care to the pretender;
The question whether the negligence of the authority of IceWorld was a reason (not unavoidably the only reason, but a reason) of the injury of Baz.

Question of Negligence

It is easier to conclude that the authority of IceWorld had been negligent. In addition, the key reason behind their negligence is that they were more interested about their income from their business. The ice rink was generating huge income and reputation for them locally. Therefore, by closing the ice rink, it would directly affect their income. Therefore, it is confirmed that the authority of IceWorld neglected the fault within their temperature controlling system and continued their services in order to retain their income.

However, Baz can also be considered responsible for the situation to some extent, as he tried to do something, which was different than his routine activities. It should also be considered whether Baz was capable of jumping high into the air. There are some responsibilities that Baz must keep while practicing skating in the ice rink of IceWorld, as the ice rink activities have various risks.

The idea of duty of care has evolved significantly during the recent decade and the law regarding this now identifies duty of care as having three mechanisms, which are as follows:

The physical harm to be protected alongside must be anticipated
The pretender and defendant require to be within proximity to one another, either physically, by way of developing some legal relationship, or by various other means
It should be fair, just and sensible for the defendant having a duty of care to the pretender.

Many rumors may argue that the physical harm and the accident caused to Baz were definitely predictable. During any unusual skating activity without prior training or measurements, it is more likely to experience an accident. Therefore, the authority of IceWorld has an exit by saying that Baz was performing something unusual that he should not have done without prior measurements and arrangements.

Slips, trips and falls are very predominant and are most common within the workplaces, in public. The most noticeably awful of these sorts of mishaps can end up being lethal. These incidents may lead to various unwanted situations such as leg injury within the current assignment. However, it is not easier to claim against these situations as they are typically different than various other incidents such as road traffic accidental claims. The key reason behind the difficulty of claiming is that most of the claimants such as Baz often get difficulties to collect necessary evidences.

There are various suggestions for Baz regarding his claim against IceWorld. Baz should collect and remember key information about the accident. Baz should consider hiring the right solicitor, who has maximum knowledge and experience regarding the cases of claims against such incidents that happened in IceWorld. The factors associated with the injury and the accident were mostly out of his control and Baz has more chance to claim personal compensation, unless he is unable to show evidences about his capability to skate.

Duty of Care

If it is possible, Baz must collect information from the eye witnesses or from the persons, who have spread the humors regarding the technical fault within the temperature controlling system of ice rink of IceWorld. In this case, it is helpful for Baz to collect as much as information as he can collect. In addition, well-being of Baz has great importance in this case. What Baz must do after getting medical attention is to look for legal guidance for representing himself in making the claim. Slip, trip or fall claims need solicitors, who are well experienced with the similar legal methods.

Although the solicitor of Baz will represent him but it is the duty of Baz to provide all the necessary evidences, details and information to his solicitor. That information must imply that the accident was solely due to the negligence of IceWorld.

It is the duty of Baz to place his claim as soon as can. However, according to the laws, Baz has three years to make a claim in front of the court. Contacting the solicitor quickly will help Baz and the solicitor follow up on various essential details. The amount that the court may consider paying against the claim depends upon various factors such as how critical the injury is. In the current assignment, Baz has fair chance of getting good amount of compensation as his legs were terribly injured and he was off work for one and half month. This was disturbing for Baz, as he was facing loss of earnings severely. Therefore, Baz has strong legal position to have a successful claim against IceWorld. It is suggested that Baz must obtain all the medical information that reflect the situation and depth of the injury.

Baz must also prepare a report with the help of his solicitor that will reveal key information such as whether the accident was life-threatening, the earnings or income of Baz during those six weeks, likelihood of full recovery and the entire expense required for the treatment and various other medical attentions. These considerations will be judged by the court for determining the appropriate amount of compensations that Baz should be awarded.

The remuneration amount Baz will get will change depending upon the depth of his leg injury and the aforementioned conditions. Usually the amount of compensation paid for such cases are within the range of £1,000 to over £200,000 in the UK. However, if it is found by the court that the claimant is manipulating the details or is making false statements, the claimant may have to pay around £3,000 as penalty. In addition, in case if it is also found by the court that Baz was incapable of doing the activity for which he was injured, the court may judge slightly in favor of IceWorld.

Conclusion

The current assignment concludes that Baz has a strong legal position for claiming against IceWorld regarding the injury to his leg, damage to his clothing and loss of earnings. Any incidents such as the case between Baz and IceWorld, the claims of the claimant must be genuine and supported by adequate evidences and eye-witnesses.

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