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Personal Injury Claims - News
Personal Injury Law

Here are some occasional items of news in the field of personal injury law:

  • Feb 2001 Multiple Sclerosis might be caused by trauma

    In February 2001 was reported the case of Nixon v F. J. Morris Contracting Ltd (QBD Times 6-Feb-2001) . It has not been demonstrated that an accident can cause multiple sclerosis, but this case, for the first time, accepted in a court that there might be a causal connection btween an accident involving the head, and the later onset of the disease.

  • February 2002.

    There has been much discussion in the past about the liability of employers for the causing of stress to their employees. As an area of litigation it has flourished. The recent case of Terence Sutherland -v- Penelope Hatton heard in the Court of Appeal, finally set down a range of tests to determine liability and defences.

    "Defendant employers appealed findings of liability for personal injuries consisting of an employee's psychiatric illness caused by stress at work. Held: Employers have a duty to take reasonable care for the safety of their employees. There are no special controls on claims for psychiatric (or physical) injury or illness arising from the stress of doing work an employee has to do. The threshhold test is of forseeability, with no special occupations. Several factors were identified. Foreseeability depends upon what the employer knows (or ought reasonably to know) about the individual employee. There must be some plain indication that the employee is suffering stress. An employer could avoid duty by taking proper care, and in particular by providing independent counselling.

Important: Please note that our law-bytes are retained for archival purposes only. The law changes, and these notes are often, now, out of date. You must take direct advice on your own personal situation and the law as it currently stands.
All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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18 October 2013 421 18 October 2013