Saturday, June 03, 2006

Compensation Culture

People are always knocking the so-called ´compensation culture´ and it´s time we heard views from people inside the industry. This is particularly so as the Compensation Bill is currently going through Parliament. In particular the spirit of the judgment in Tomlinson v Congleton Borough Council is now being enacted into law by allowing courts to be able to consider the wider social value of the activity in the context of which the injury or damage occurred. Whatever one’s views as to the rights or wrongs of such a move, it highlights the role of personal injury law in influencing how society approaches health and safety and in particular how it deals with risk. This is a debate which should move away from using cliches such as ‘compensation culture’ and instead address the issue head on.

Nobody likes it when someone is injured as a result of a risk which has been taken. However, the social consequences of promoting a culture of risk aversion can also prove unpopular. As Tacitus wrote “The desire for safety stands against every great and noble enterprise”. Where the balance is to be struck between the two extremes should be seen less in merely legalistic terms but also in the wider social context. Whether you are acting for Claimants or Defendants, it is to be hoped that the Compensation Bill will stimulate further debate on this topic.

We would welcome people´s views on this issue.

6 comments:

Claire said...

I hope you are moderating comments ... you are very brave!

john..... said...

A car accident claim become increasingly popular, the process of claiming may seem more daunting than ever. It's no surprise given the bombardment of advertising that we're exposed to daily, encouraging us to make a claim that the world of accident claims seems more of a minefield than ever. Constant advertising has made us all acutely aware that we can claim, but we're still in the dark about what we can claim for.

Actually, the range of accidents you can claim for is probably much more diverse than you imagined. There's the obvious 'trip or fall anywhere': private landowners as well as local authorities have the legal responsibility to maintain roads and pavements to ensure their safety. Equally common is the road traffic accident: drivers, riders, passengers and pedestrians all have the right to claim for injuries received and any loss of income incurred following the accident.

Unknown said...

Car accidents are continously increasing day by day.And after accidents everybody want to claim for his/her losses either of personal injuries or loss of his/her property. So to get the best guidance about car accident compensation claim, you should hire an experienced lawyer. Consulting with a lawyer will get you know that how and when to claim. And mostly, there is no initial consultation fee of accidental lawyers.

Unknown said...

Personal injury arise when one individual harms another individual or his or her property. So to make a successful personal injury compensation claim, you need to prove that another person's negligence led to your injuries. For this, you need to consult an experienced lawyer to make your compensation claim successfull.

Jai Shree Mata ji said...
This comment has been removed by the author.
Unknown said...

Here is another type of compensation claim called as construction injury compensation claim. The construction industry is by its nature dangerous, and every year there are a large number of accidents leading to workers making an injury claim. So if you are injured at work then please don't be afraid to make a Construction Injury Claim. It will not harm you in any way,that is, you will not lose your job, but you will be compensated for your suffering.