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Our London Office will be open on Saturday mornings from 10am-12pm for personal attendances or prearranged appointments so if you need to pop something in to us please feel free to come over.

Our office is situated on the Churchill Place, London, E14 5EU.

Please note that only our London Office will be open on a Saturday morning

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Whilst factually whiplash figures are on the increase, more than likely because there are now many more vehicles on our roads than ever before, I am not sure that headlines like this are terribly helpful. They only serve to fuel the fire that Britain is in the throes of a compensation epidemic and detract from the issue of whether or not it is fair  to effectively remove access to justice for  a large proportion of people injured in  a road traffic accident. There is  greater emphasis now on rehabilitation and helping people get better and back to work rather than just handing them a lump sum in compensation. Removing access to compensation will arguably also remove access to private treatment and rehabilitation and those people will turn to the NHS which is already struggling.  We need to look at the wider picture.

A huge cost to the British Insurance Industry and to the motorist is the uninsured driver. It is estimated that uninsured drivers on our roads push up our motor insurance premiums by around £33 per year.  Those uninsured are also much more likely to cause an accident, in turn causing injury or death, or be driving an unroadworthy vehicle. The problem of uninsured drivers however seems to receive far less media attention than whiplash claims.  I think there is a misconception with whiplash claims that somehow those injured are receiving ‘something for nothing’ but whiplash is a painful and debilitating injury which deserves to taken as seriously as other forms of injury.

Where there is financial gain, there will always be exploitation but is scrapping the right to compensation for whiplash claims or even capping it the right thing to do? Over recent years steps have been taken to reduce fraud in an attempt to ensure that only those genuinely injured can claim compensation such as greater control over the doctors who provide medical reports. In my view the insurance industry and personal injury professionals need to maintain and continue their efforts to stamp out fraudulent claims but this should not mean that whiplash claims are stamped out altogether.

If you have been involved in a road accident and been injured and would like to discuss a potential claim please call Deborah on 0745 127 0008

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The tendency for people to use mobile phones as extensions of their body is commonplace the world over. Any day on the road you’ll see drivers clutching their mobiles, even on busy and fast motorways. The police seem slow to pick up on people’s dangerous use of mobile phones and most guilty drivers assume they’ll get away with it.  The current sanctions for driving with a mobile phone is just a paltry 3 penalty points and £100.00 fine, so it’s scarcely a deterrent for offenders.

Few realise the catastrophic effect this dangerous habit can have. It is reported that drivers using a mobile phone have slower reaction times to potential hazards and this not only puts them at risk but all road users and pedestrians. As well as receiving a fine, these actions could also cause serious injury or fatalities that can result in a custodial sentence.

Lucy Harvey,  a personal injury solicitor at leading and award winning regional law firm RRP Associates says “When a person is injured as a result of a road traffic accident there can be varying grades of physical injury, from general whiplash or broken bones to more serious life changing injuries. It is normal for the injury to also impact on other areas of the victim’s life. They may be fearful about driving again after an accident or find it difficult to accept their new life, which affects them, their families and their friends.

“The agony can be exacerbated knowing that the accident could have been avoided if the person responsible had been paying full attention to the road. New rules will be enforced in 2017 whereby a person caught driving whilst on their telephone will receive a £200 fine and 6 penalty points. However, the jury is out as to whether this is adequate punishment for an action that could significantly damage many lives.”

To speak to Lucy or one of her team call them on 0745 127 0008  or email info@rrpassociates.co.uk

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Although the fine is the highest on record, Merlin would have been fined £7.5million had it not pleaded guilty. The company, which also owns Chessington World of Adventures, Thorpe Parke and Legoland, amongst other top UK entertainment attractions, has an annual turnover of several hundred million pounds, so the fine is not substantial as compared to the scale of the business. However, the damage to the company’s reputation and its share value are likely to prove more serious than the fine.

Deborah Saini, Head of the Personal Injury dept at leading and award winning regional law firm RRP Associates says “Health and safety measures have to be a top priority in every workplace. For a company as big and successful as Merlin Attractions and with millions of people visiting their theme parks every year, I would have expected their health and safety measures to be the very best for a company that is supposedly at the top of its game..

“Families have to feel secure when they or their children take these white knuckle rides, which are getting increasingly dangerous as the public demand more thrills. The judge said this accident was totally avoidable had the correct basic procedures and training been put in place.”

In court the victims learned, for the first time, the full extent of Merlin’s failures at the sentencing hearing yesterday.  Described by the judge as ‘catastrophic failures’ by Merlin who initially blamed the crash on human error, the hearing learned that in fact there was a catalogue of errors which led to the crash, including the decision by engineers to override the computer system by sending out the train which then crashed into an empty carriage at an impact of as much as 90mph.  Engineers had not read or even seen the operating manual for the ride. The ride was operating in winds estimated to be up to 45 mph when the manual advised not operating it in winds above 35 mph.

Deborah continues “The victims were trapped, some of them seriously injured and bleeding profusely, for nearly 5 hours. The carriage was stuck at an angle of 45 degrees and you can’t imagine the pain and fear that those poor people must have suffered. The so called hefty fine reflects the very serious health and safety breaches by Merlin.  The findings by the Judge also demonstrate that ultimate responsibility rests with the employer, in particular those at the very top of the chain, to ensure appropriate risk assessments, training and systems of work are in place. Merlin attempted to shift the focus and blame the crash on human error but the hearing revealed that the failings were at the top level and the blame rested with Merlin.

“The victims have a long road of recovery ahead of them and no amount of money will heal the physical or psychological wounds. However, in my experience,  learning the truth about what happened can help to heal some victims in the rehabilitation process.”

After the ruling by the Court, Nick Varney, Chief Executive of Merlin Entertainments, attempted to give assurances that things had changed, saying that they were determined to “never repeat” the devastating accident and stressed the firm was not an emotionless corporate entity.

In contrast, following their investigations the Health and Safety Executive found that the accident was avoidable and said that Merlin had ‘let its customers down’.

“This avoidable incident happened because Merlin failed to put in place systems that allowed their engineers to work safely on the ride while it was running,” Neil Craig, head of the HSE in the Midlands. “This made it all too easy for a whole series of unchecked mistakes, not just the single push of a button, to result in tragedy.”

The £18 million Smiler ride reopened in March 2016. Since the crash, a number of safety changes have been made including improved access and a policy of closing the ride when winds exceed 34mph. Whether the promises by Merlin will re assure future customers remains to be seen.

To speak to Deborah or one of her team call them on 0745 127 0008  or email info@rrpassociates.co.uk

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The Blade Runner sequel, which stars Ryan Gosling, Jared Leto and, by coincidence, Harrison Ford, is due to be released next autumn. The film’s production company Alcon Entertainment confirmed the accident in a statement which said that the worker was “underneath a platform, upon which the set was constructed, when it suddenly collapsed”. The cause of the accident is not yet known.

Meanwhile, the production company Foodles Production (UK) Ltd – a subsidiary of Disney which made Star Wars V11: The Force Awakens has been sued by Harrison Ford, whose leg was broken during filming at Pinewood Studios in June 2014 when he was hit by a hydraulic metal door.

The Health And Safety Executive has brought four criminal charges against the company, which said it was “disappointed” by the HSE’s decision.

Deborah Saini, Head of the Personal Injury department at leading and award winning regional law firm RRP Associates says “I think both of these cases are shocking because movie production companies invest hundreds of millions of dollars in the making of their big movies. With these kinds of budgets you would expect top level health and safety measures.

“For the Star Wars film, following its investigation, the HSE found sufficient evidence to bring four charges relating to health and safety breaches. Clearly, Harrison Ford could have been killed or left with lifelong injuries. Whether people are working on a factory floor or a film set, they should feel confident that those responsible have taken all the necessary steps and the utmost care to ensure their health and safety while they are at work.”

If you have been injured at work and wish to speak to Deborah or another of our Personal Injury Team about taking it further call us on 0845 263 7505 or email us info@rrpassociates.co.uk

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Being influenced by celebrities is nothing new and neither is wanting to look older if you’re a teen or trying to hold back the years as you get older. The popularity of reality TV especially has tapped into a market where everything the ‘real’ people on screen do or say is immediately followed and picked up by their millions of fans.

Whereas in the 90s a famous sketch on the BBC’s award-winning Fast Show was called ‘Does My Bum Look Big In This?” it has now become ‘Does My Bum Look as Big As Kim or J Lo?

As well as endless – and expensive – cosmetic surgery procedures there is now a profusion of treatments, creams and gadgets on the market that promise to turn you into a glamorous beauty.

Many high street hairdressers, an industry already unregulated, now offer so many additional services on top of the more traditional:

• hair dyeing
• perming
• straightening
• extensions
• sunbeds
• fake spray tanning
• manicures
• false nail treatments
• eyelash treatments
• hair extensions
• botox
• fillers
• teeth whitening
• IPL (Intense Pulsed Light) treatments

The list just keeps growing!

It’s not only women who want to look their best and don’t mind  paying for some extra help; men have gone way past just a bit of moisturiser and you’re as likely to see an immobile male actor’s face on screen as you are an ageing actress’s.

While making treatments available to everyone however large or small their budgets might seem fair, unfortunately for a lot of consumers the beauty industry is fraught with dangers that most people aren’t aware of until it’s too late.

There is, of course, tremendous pressure on young people particularly and every day you read stories of cyber bullying and see tragic pictures of beautiful young people who have harmed themselves because they think they are too ugly or too fat. There is a dark side to the beauty industry and none more so than when the damage is not self-inflicted.

Bodged beauty therapy is nothing new – magazines on and offline are full of pictures and stories of celebrities and ordinary people who have suffered damaging results in their quest to improve their faces and bodies and hold back the ageing process.

While the most extreme botched jobs tend to be on the cosmetic surgery front, especially when people travel abroad to save money and are treated by unqualified or unlicensed practitioners, there are many horror stories of victims in the UK who have been damaged by even the most relatively simple procedures.

• What should you do if something goes wrong with a treatment?
• Where do you stand legally?
• What action can be taken?
• What should you do straight after the treatment if it has immediately gone wrong?
• How much will this cost you?

Deborah Saini, Head of the Personal Injury Department at leading and award-winning law firm RRP Associates says “Suffering an injury from any kind of beauty treatment is traumatising, not only from the pain aspect but also emotionally.

“We are seeing clients from every age group including younger girls who are demanding access to the latest treatments from their parents. When mistakes or accidents occur it can have long-term catastrophic effects on the family as well as the individual.

“The most important thing for any victim of a botched beauty treatment, whether that’s ruined hair, burning wax or something with lasting effects, is:

• To get medical advice as soon as possible
• Take pictures of the damage
• Record the date
• The time
• The location of where the procedure took place
• Include the name of the practitioner.

The beauty industry is woefully unregulated– there are approximately 36,000 hair salons in the UK employing roughly 250,000 people, yet there are no laws to ensure that every practitioner is trained, qualified or experienced.

For hair treatments alone, customers are subjected to powerful chemicals and intense heat and consumers are at risk of serious injury if staff are poorly trained or just incompetent.

“With hairdressing or so-called beauty salons offering a vast array of different treatments you really have to be careful when you choose any procedure. Ideally, you will be referred by a friend or acquaintance whose treatment you admire but always ensure you find out what qualifications, if any, the practitioner has and most of all their experience.

“In terms of things to look for in a salon:

• Ask whether they will keep written or computer records of what you’ve had done
• Check if patch testing is offered before you have any treatments. It always should be

I always ask my clients these two things:

• Was anyone timing the procedure for perming and colour?
• Did they use a stopwatch?

‘Guesstimating’ how long the chemicals are on someone’s hair or body is a common problem which can have disastrous results.

I’ve even acted for the director of a bank who was having laser hair removal on his face and it went seriously wrong. He was devastated.

“You put a lot of trust in the hands of the person to whom you hand over responsibility for your face, hair or body. If during any treatment you aren’t confident that they know what they are doing or if you suffer from any unexpected intense pain or burning sensations you must ask them to stop before any serious damage is done.

“With botched hairdressing particularly, if your hair is damaged or burnt it can take years and years to grow back which will greatly affect your confidence and self-esteem.

“If you have a complaint that the practitioner fails or refuses to satisfy then your best course of action is:

• To speak to a personal injury solicitor to find out what your options are.
• It will help you enormously if you have evidence of the damage
• You have to prove that this was done to you by the practitioner.
• Photos and medical assessments can really help your case.

“Although a number of MPs have raised the issue in Parliament of the problems within an unregulated beauty industry, so far even hairdressers only have to register voluntarily. There is also no law that insists that hair and beauty practitioners have to have Public Liability Insurance, although the best ones probably will to protect themselves, if not their clients.

We only hear about the worst cases but there must be thousands of people who are affected by beauty treatments which go wrong. I’d be happy to talk to anyone who feels they are victims of botched treatments to see if they have a case we can take forward and get them the compensation they deserve.”

If you have been a victim of any of the following, please contact Deborah Saini on 0745 127 0008, deborah.saini@rrpassociates.co.uk or check the website www.rrpassociates.co.uk/

• Hairdressing Problems including: Hair Dye injuries; hair dye allergies; hair damage from bleaching; cuts or bleeding from a hair salon treatment; hair colouring injuries; any resulting hair loss or baldness; perm problems; afro or Caribbean hair damage; any infections or diseases picked up from the salon

• Beauty Treatment Problems including: Beauty waxing injuries; bikini or Brazilian waxing injuries; any type of waxing burns; facial hair waxing issues; eyebrow waxing; eyelash tinting injuries; eyelash extensions; chemical peel damage; botox injuries; facial fillers injuries; injuries resulting from any injections.

• Laser Treatments Problems includin: IPL (Intense Pulse Light); laser eye surgery damage; laser tattooing or scar removal injuries; lasered hair removal burns; damange from laser skin treatment

• Body Treatments Problems including: Problems from sunbed tanning including burns; anti-cellulite treatment damage; nail salon injuries; pedicure and manicure infections; body or tongue piercing damage; tattoo problems; tooth whitening enamel damage

• Cosmetic Surgery Problems including: Nose surgery issues; ’tummy tuck’ surgery damage; facelift surgery issues; eyelid surgery; breast enhancement or reduction problems; collagen treatments; skin treatments; injection injuries; liposuction; weight and fat loss surgery

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Deborah Saini, a Personal Injury specialist lawyer at leading regional law firm, the award winning RRP Associates , says “Thankfully, we see less and less of cases like these with injuries of this severity largely due to the excellent health and safety record in the UK and the measures in place to prevent such accidents- risk assessments, training and so on.

“The Health and Safety Executive is a statutory body established under the Health and Safety at Work Act 1974 which enforces health and safety legislation with the power to investigate and prosecute for any injury and/or death as a result of Health and Safety failings.

“In the most serious of cases, following investigation, the HSE will prosecute and companies can be fined. A more serious offence is that of Corporate Manslaughter where a company can be found criminally liable where serious failures in health and safety result in a fatality.

“We have to acknowledge that our health and safety legislation exists for a reason; to protect people at work who are often doing potentially dangerous jobs such as. construction workers.  We have an excellent health and safety record in this country compared to other countries worldwide and this is largely due to organisations such as the HSE and also groups like the Association of Personal Injury lawyers.

“From a personal injury perspective we liaise with the HSE when we know an enquiry is ongoing. Once their investigations or any prosecution is complete we will obtain documents relevant to a client’s case, witness statements for example.  If the HSE successfully prosecute then this makes securing an admission of liability much more likely.

Kent Blaxill and Co pleaded guilty at Colchester Magistrates Court to three offences under the Health and Safety at Work Act 1974. The case was brought by Colchester Borough Council health and safety officers on behalf of the customer who was struck by a forklift truck which resulted in a serious head injury which left her without a sense of taste or smell.

The court imposed the maximum £20,000 fine for each offence, and ordered Kent Blaxill and Co to pay costs of £3,250 and a £120 victim surcharge, amounting to a total fine of £63,370.

The council’s health and safety officers were able to prove that the company had failed to adequately assess a risk and do everything considered reasonably practicable to reduce a risk to employees and non-employees by using simple control measures such as pedestrian walkways, pedestrian crossings, and other suitable road markings and signs.

If you have encountered an accident through no fault of your own then give Deborah and her Team a call on 01582 870870 to reach our London , India and Birmingham offices or email info@rrpassociates.co.uk

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Despite her light hearted tweet about the cape being tied too tight and her impressive ‘the show must go on’ attitude, we would all like to have been a fly on the wall for the conversation she had with the guilty party after her star turn.

However, perhaps more importantly for Madonna is the fact that she had a fall when she was working and it could have been far more serious for a less robust and hardier person.

Deborah Saini, RRP Associates Personal Injury specialist says “Accidents at work are very common and we deal with a lot of claims from people who have been injured at work.

“However, in this case and from what I saw on TV it was due to a costume malfunction rather than any problems with the O2 Arena stage. If she wanted to sue she could perhaps consider taking action against the choreographer for the dance, the dancer who was responsible for her fall or even the designer of her cape but I think in all cases that would be unlikely.

“She’s probably a bit bruised today, not only physically but her ego as well, but as always we are all talking about Madonna after her performance. She’s a real trouper and as with any setback, she’ll bounce back and continue to shock and entertain us for years to come.”

If you have had a fall while at work and wish to speak to Deborah or another of our Personal Injury Team about taking it further call us on 0845 263 7505 or email us info@rrpassociates.co.uk

The post Madonna’s Fall- Is it a Personal Injury Claim? appeared first on RRP Associates.

FCC Waste Services (UK) Ltd was prosecuted by the Health and Safety Executive HSE) at St Albans Crown Court last week (13 March) after an investigation found the company failed to control the workplace to ensure that workers and vehicles could operate safely.

It was ordered to pay £265,000 for safety failings after Patrick Murphy was run over and killed at its waste transfer site in Watford. Mr Murphy was an experienced groundsman who had been at the site for eight years before he was struck by a JCB loading shovel on 17 August 2012. He tragically died at the scene.

FCC Waste Services, which is based on Northampton Business Park, pleaded guilty to breaching the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health & Safety at Work Regulations 1999. It was fined £200,000 and ordered to pay costs of £65,000.

Deborah Saini, a Personal Injury specialist at leading regional law firm RRP Associates and a member of the Association of Personal Injury Lawyers says “By FCC Waste Services breaching health and safety law and requirements poor Mr Murphy has lost his life.

“The aftermath is likely to be long reaching – he is a father of two and may have been the family’s sole breadwinner. The great loss to the family is not just an emotional one but also a financial one. Whilst it may sound inappropriate to consider that aspect of the tragedy, as a personal injury lawyer I would have to consider these effects and in this case I would absolutely ensure that the family receives a substantial settlement from the company concerned to reflect their terrible loss.

“While it will be hard for My Murphy’s family to come to terms with their loss, in a case like this if they get good legal advice it can take away the added burden of future financial security so that they can grieve in private whilst the liability and financial aspects of this case are sorted out on their behalf.

“Sadly, accidents on work sites and construction sites are all too common and often fatal yet they are usually completely avoidable, as the HSE has stated in this particular tragic case. Also organisations like the Association of Personal Injury Lawyers have been instrumental in bringing about changes in health and safety law through working with the HSE to improve working conditions for people with the aim of avoiding accidents.”

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It’s a sign of her good health and flexibility that she was able to continue her performance but she did explain afterwards that the accident was due to her cape malfunction and it had resulted in her getting mild whiplash in her neck, which was treated by a doctor when she returned to her hotel.

While most of us might read about ‘whiplash’ in relation to traffic accidents, where it has often been used as an unprovable scam to forge insurance claims, the actual effects of genuine whiplash are very painful and incapacitating.

Deborah Saini, a Personal Injury specialist at leading regional law firm RRP Associates says
“In a number of personal injury cases whiplash is a very serious issue, I think the fact that a performer as high profile as Madonna made public that she sustained a whiplash injury from being pulled backwards definitely helps dispel the myth that it is not real – if Madonna suffered whiplash then it must be genuine!

“Whilst people can and do on occasion make it up it is really hard to fool doctors and the few that attempt to defraud the system make it difficult for genuine claimants. Whiplash is a genuine injury with real and disabling symptoms and I would recommend that anyone who has suffered whiplash through no fault of their own should seek specialist legal advice to see if they can make a claim for compensation over the pain they have suffered.”

If you believe you have suffered or are suffering from Whiplash or any other type of injury contact Deborah Saini via email info@rrpassociates.co.uk or call us on 0845 263 7505*

*local rates apply

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