Storm damage injury victims could still claim compensation even if the cause were an ‘Act of God’, say personal injury solicitors Coles Miller.
The Dorset law firm recently helped a family-of-three to claim £10,000 compensation after their car was hit by a large tree branch while they were driving through the New Forest in a storm.
The driver, his wife and four-year-old daughter all escaped with minor physical injuries. But the little girl also suffered psychological injuries. More damages may be payable pending further medical reports.
Coles Miller successfully sued the landowner on behalf of the family. The compensation claim was settled within a few months without the need to go to court.
Coles Miller serious injury paralegal Crispin Cormack said: “Unfortunately, the extreme weather conditions we have been experiencing recently can lead to flying debris. This can be potentially dangerous and – in some cases – life-threatening.”
Even small items of storm-blown debris could be potentially dangerous, he warned.
People were legally obliged to ensure that objects on their property were secure in extreme weather conditions, he added.
Storms can lead to a wide range of personal injury and other litigation claims including:
- people hit by flying debris in windy weather
- car crashes caused by flying debris
- poorly secured objects being ripped from buildings
- damage to property caused by flying debris from a neighbour’s garden.
Mr Cormack said: “If you can prove that – as far as possible – you attempted to secure items on your property then this should be enough to avoid a negligence ruling and a potential compensation claim.”
But he added: “There will be occasions when it is possible for a claimant to prove that items were not securely fastened in times of extreme weather. This can lead to sizeable compensation claims.
“Do not assume that the ‘Act of God’ excuse will absolve you from any liability if someone claims compensation for injury or damage.”
For more information, contact Coles Miller serious injury paralegal Crispin Cormack, (01202 355695).
