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.
The purpose of this guide is to help anyone who has suffered a defective trolley cage accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
defective trolley cage injury compensation:
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, 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 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.
What can I claim for after a defective trolley cage 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 a defective trolley cage 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 a defective trolley cage injury will depend entirely on your specific circumstances.
Your defective trolley cage 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.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a defective trolley cage injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my defective trolley cage injury compensation
Calculating how much compensation you can claim for a defective trolley cage 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 defective trolley cage 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: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your defective trolley cage injury claim 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.
Will I get advice on treatment options?
As part of the defective trolley cage injury claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
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. Read more about making a No win, no fee 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. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your defective trolley cage injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. defective trolley cage injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
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 do I have to make a defective trolley cage injury claim?
In general, you have a time limit of up to 3 years from the date of the defective trolley cage injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your defective trolley cage injury claim becomes 'statute barred'.
Can I claim for a defective trolley cage 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 defective trolley cage injury compensation.
In reality, there are a number of factors that can affect whether a defective trolley cage injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the 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 early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
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.