A guide to making a No Win No Fee defective trolley cage accident 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.
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 is my defective trolley cage claim worth?
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 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.
No Win, No Fee trolley cage injury compensation claims explained
No Win, No Fee agreements, or CFAs (Conditional Fee Agreements), form the basis of a claim.
The CFA details the service provided by your solicitor as well as a percentage success fee to be deducted from the compensation award if your case is successful.
You can focus on your recovery, with the knowledge that that there is nothing whatsoever to pay if your claim is not successful. There are absolutely no hidden costs when using a Quittance personal injury solicitor.
Before you instruct arm yourself with information about the process. The right answers will help you to make the best choice.
Get more information without having to call a law firm. Find more frequently asked questions here.
Most injury solicitors serving will take your case on a success fee basis (no win no fee). The important thing to ask is what will their fees be if they win your case?
For a better idea of how much of a difference the right solicitor could make to the level of compensation you end up keeping get a personal injury quote.
Get started today
Phone an expert on 0800 612 7456 to get your compensation claim under way. Alternatively, you can begin a personal injury claim online.
Contact our team to discuss your claim. Request a callback or phone 0800 612 7456.