Defective Trolley Cage Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a defective trolley cage accident, we can help.
If your injuries were caused by a defective product, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a defective product compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove the defect caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, manufacturers and retailers can usually be held responsible for a defective product that causes injury.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
Trolley cages (also known as roll cages) are used extensively to transport goods around factories, warehouses and retail environments.
Defective trolley cages can reduce the trolley operator's ability to control the movement of the cage, and its contents. This lack of control can cause accidents, resulting in injury to work colleagues, or members of the public.
Do I have an injury claim?
AN injury claim should be possible if you sustained an injury:
- in the last 3 years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.
What if I don't know who was to blame?
You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a defective trolley cage injury claim take?
How long it can take to secure compensation for a defective trolley cage accident can vary significantly.
For example, a simple uncontested product or employers liability claim might be concluded in a matter of weeks. If the defendant denies liability, a claim can take substantially longer. Normally a product liability claim takes 6 to 9 months. For more information on how long your claim could take, read more:
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get financial advice?
Your solicitor will be able to advise you on whether to accept a financial settlement for your defective trolley cage injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.
Typical defective roll cage injuries?
Roll cages come in various heights, ranging from 1.55m up to 1.83m. A fully loaded roll cage might weigh 500kg or more. These factors mean a defective roll cage accident can cause significant personal injury.
Typical defective roll cage injuries include:
- Collision injuries - such as being knocked over, or crushed against an adjacent object
- Back and arm strains and sprains - from trying to control roll cage movement
- Broken and fractured bones - especially of hands and feet
- Impact injuries from objects falling from roll cages, or from roll cages falling from heights
If you sustain injury due to a defective roll cage, you may be able to make a personal injury claim against the negligent party.
Who is liable for my roll cage accident?
Your lawyer will assist you in establishing liability for your defective trolley cage accident. You will be suing either as an employee, or a member of the public.
Defective roll cage accidents in your workplace
Employers have a duty of care to take all reasonable steps to ensure the health and safety of their employees. This includes a duty to provide suitable, well maintained, work equipment, such as trolley cages.
Under the Provision and Use of Work Equipment Regulations 1998, the following Regulations apply:
- Regulation 4(1) Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.
- Regulation 5(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
If your employer is proven negligent in their duties, they can be held liable to pay compensation. Your employer can also be held liable for injury caused by the negligence of a co-worker. This is known as ‘vicarious liability'.
Defective roll cage accidents as a member of the public
Defective roll cage accident injury to the public often occurs when stock is being moved around a retail environment. If injury is sustained, the retailer involved may be sued for compensation.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee, no risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.