A Guide to Claiming Defective Trolley Cage Injury Compensation
Updated: Sep 2, 2019
In this guide we explain everything you should know about making a successful trolley cage accident compensation claim.
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 a defective trolley cage injury claim?
A defective trolley cage injury claim should be possible if you sustained an injury:
- in the last three years and,
- someone else was at fault.
Even if these two points don't apply to you, a claim may still be possible.
To get a definitive answer, you can speak to one of our experts on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. We will not put you under pressure to make a compensation claim.
You can also find out if you have a claim with our Online Claim Checker.
What if it was a criminal incident?
If your Defective Trolley Cage Injury injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.
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 a defective trolley cage injury claim on their own behalf.
The amount of money you could claim for your defective trolley cage injury will depend on:
- the extent 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 defective trolley cage injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
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.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your defective trolley cage injury case from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.
What kinds of injury can a defective roll cage cause?
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.
How much compensation can you get for a defective trolley cage accident?
Values for claims for compensation will reflect the type and seriousness of the injuries sustained.
Minimum and maximum amounts for specific injuries are recommended in the Judicial College guidelines (formerly the Judicial Studies Board guidelines).
Courts will use these guidelines to calculate compensation awards. Insurers and their solicitors will also use the guidelines when making a settlement offer.
You can also make a claim for special damages. This can include travel expenses including those to physiotherapy sessions, the cost of medical treatment and ongoing care and lost earnings.
Your claim must be made within three years of the accident, or three years from the date you became aware of injury.
Your personal injury lawyer will value your claim, which could include sums for:
- Medical treatment
- Personal pain and suffering
- Loss of amenity - the social and personal impact of the injury
- Loss of earnings
- Expenses incurred as a consequence of the injury, such as hiring home help
The settlement awarded by the Court will directly relate to the nature and severity of the injury.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
In a public place (e.g. supermarket, pavement)
If you have been injured in a public place, there are some key points you need to be aware of:
Other claim types
Find details on another type of claim:
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 a defective trolley cage 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 a defective trolley cage injury claim - even if you don't win your claim.
What do I pay if I win my defective trolley cage 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 defective trolley cage injury claim?
If your defective trolley cage injury claim is not successful then you do not have to pay any legal fees at all.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
No Win, No Fee
to start a claim
Defective Trolley Cage Injury FAQ's
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 was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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 will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert