Claim for personal injury to eyes

[noomill060]

In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability.

 

 

The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds.

 

 

well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments.

 

 

Cleared up within a week.

 

 

The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun.

 

 

Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply.

 

 

Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015.

 

 

Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form.

 

 

Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?

[obiter dictum]

First thing to ask is what exactly are you claiming for?

Property damage/Personal Injury or both

The property damage will be a straight forward Money claim online but the personal injury might be difficult and if it was me instruct a solicitor over the water

 

Just my opinion though

[noomill060]

Both, but primarily damages for personal injury.

 

 

I contacted a no win no fee company, but was told award would be less than £1k so they werent interested. Suggested N1 and small claim.

 

 

Just a bit awkward doing a claim in England through English system whilst in another UK jurisdiction. I sure it can be done. Just wont be able to attend the court myself.

[noomill060]

No win no fee sols not interested. Award would be less tha £1000.

 

 

More bothered about eye injury. Both heads of claim would be included in one claim

[Ganymede]

In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability.

 

 

The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds.

 

 

well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments.

 

 

Cleared up within a week.

 

 

The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun.

 

 

Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply.

 

 

Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015.

 

 

Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form.

 

 

Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?

 

 

Hi, a couple of questions if you don't mind.

 

Who do you intend to sue?

 

Why do you think the homeowner is vicariously liable for her father's actions?

 

How is the Defendant in England if you live in NI?

 

Where were you and what were you doing when the injury occurred?

 

Why were you looking directly at the flash?

 

Does the Defendant have insurance or the means to pay you even if you win?

 

Have you got an independent medical report from an appropriate medico-legal expert?

 

If you can't attend Court yourself then you are not going to win your case as not turning up at the trial is likely to result in your case being struck out.

[noomill060]

I intend to sue the householder. They have VL due to the father acting as their agent or servant, not as as an independant contractor.

 

 

The negligent act occured in England.

 

 

I was walking on the public pavement, the welder struck the arc without warning or consideration.

 

 

No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

 

Have doctors report from a&e with diagnosis and diagram of injuries to eyes.

 

 

Understand that court will hear case in absence due to expense of attendeding. If I attended it would add several hundred pounds due to travel- ferry/ fuel or flights, accomodation/ meals etc

[noomill060]

Also took photos at the time, father grinding away on welds. i'll put it up here when I remember how!

[BazzaS]

No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

What benefit do you get if you get a judgment in your favour but can't enforce it?

Is that "justice"??

[Ganymede]

I intend to sue the householder. They have VL due to the father acting as their agent or servant, not as as an independant contractor.

 

 

The negligent act occured in England.

 

 

I was walking on the public pavement, the welder struck the arc without warning or consideration.

 

 

No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

 

Have doctors report from a&e with diagnosis and diagram of injuries to eyes.

 

 

Understand that court will hear case in absence due to expense of attendeding. If I attended it would add several hundred pounds due to travel- ferry/ fuel or flights, accomodation/ meals etc

 

 

Not sure that the householder is vicariously liable for her dad helping out.

 

You need a proper medico-legal report. Your hospital records are not going to be sufficient.

 

You also can't just not turn up to the trial. It's your claim and you are the Claimant.

[unclebulgaria67]

Also took photos at the time, father grinding away on welds. i'll put it up here when I remember how!

 

Did you take the photos ?

 

The Judge and anyone defending will ask the question about how you managed to operate a camera device, if your eyes were so badly affected.

 

If you suffered any injury due to lack of duty of care, you would have to sue the Father, not the householder. It will be an issue of personal liability.

[noomill060]

Have seen a solicitor for advice about vicarious liabillity, I do know what I'm on about.

 

 

He said ask for £5000 and leave the amount awarded to the judge.

 

 

Just asking about N1 forms and protocol- no experience of E/W claims. Thats all.

 

 

N.Ireland has a much easier to use small claim system, but as its an individual in England I'm chasing, I cant do it through the N.Ireland court system.

[Ganymede]

Have seen a solicitor for advice about vicarious liabillity, I do know what I'm on about.

 

 

He said ask for £5000 and leave the amount awarded to the judge.

 

 

Just asking about N1 forms and protocol- no experience of E/W claims. Thats all.

 

 

N.Ireland has a much easier to use small claim system, but as its an individual in England I'm chasing, I cant do it through the N.Ireland court system.

 

 

You should read up and check the advice on vicarious liability before starting your claim.

 

You should also look up if you need an English/Welsh service address if you are making the claim from NI.

 

If you intend to issue one anyway, you need to complete the N1 and enclosed a full particulars of claim with all the details of the accident and allegations of negligence. You also need to include a medical report, not just your medical notes.

[noomill060]

Thanks ganymede, thats all I wanted to know.

 

 

My N.Ireland solicitor knows all about vicarious liability, but cant do anything for me in the English courts as its a different juridiction.

[Ganymede]

Thanks ganymede, thats all I wanted to know.

 

 

My N.Ireland solicitor knows all about vicarious liability, but cant do anything for me in the English courts as its a different juridiction.

 

Please also read up on it yourself beforehand though, along with my other suggestions.