We represent the Administrators of a divorcee and his daughter who perished in an air accident. On that date they were parachutists (with others) being flown in a Cesna Plane from a local airport.

After becoming airborne the plane's initial climb was normal but shortly after take off the plane lost power whereupon it crashed through trees before landing in a field. Five of the passengars died, including the pilot.

We pursued a claim against the pilot and also against the parachute school pursuant to the Fatal Accidents Act 1976 and to the Law Reform (Miscellaneous Provisions) Act 1937.

It was necessary to commence County Court proceedings within 2 years rather than the standard 3 years bearing in mind this was an air accident. Although the Inquest had not yet been concluded, for the purposes of the civil proceedings both the Defendants admitted that they were in breach of duty to the deceased. 

A substantial claim was therefore pursued for loss of financial dependancy and for bereavement damages.

Such establishments owe visitors to their premises a duty of care. This duty extends to those using the car park. A claim is usually presented to the occupier’s public liability insurers. Therefore, if a visitor trips on an obstacle left in a supermarket walkway, or slips on a pool of water, then the occupier may be found liable – even if the hazard was caused by another customer.

The occupier's maintenance and inspection regimes will be crucual, so you should:

• Take photographs of the hazard if possible
• Make a note of the exact time and location
  
• Notify a member of staff or Shop Management
• If an accident book is present, ensure that the matter is recorded accurately
• Collect details of witnesses to the incident
• Seek medical advice

If an accident takes place on private property then this need not preclude you from presenting a claim. The occupiers owe you a duty of care. Most home insurance policies include cover against such claims, so insurance may well be in place to meet this type of claim.

Usually the responsibility of the Council, all roads and pavements should be kept in a reasonable state of repair.  If an accident occurs due to a failure to implement a satisfactory system of inspection and maintenance, they may be found liable.  Such dangers may include:

• Raised or uneven paving stones
• Potholes
  
• The presence of hazardous and slippery substances

If a defect is not caused by the Council but occurs on a highway for which they are responsible, they should have a record of all appropriate contractors working in the area.

Examples may include:

• Spills making the Highway dangerous
• Trenches or areas of roadworks that are not sectioned off clearly or are incomplete

In the event of an accident in which an injury is sustained you should:

• Make sure you can identify the exact location
  
• Take photographs of any defects as soon as possible - to include clear measurements using a ruler or tape measure if possible (provided it is safe to do so)
  
• Collect details of any witnesses to the incident
• Write to the Council as soon as possible giving full details of the incident (time, place, date and the injuries sustained)
• Seek medical and legal advice