Personal injury law in Scotland applies to various types of incidents, and each incident has its own framework of liability, evidential needs and process. Personal injury lawyers such as Watermans handle claims across all these categories, each of which requires a different type of legal expertise, since an effective personal injury solicitor should be able to assess the injury and establish liability within the legal framework of the incident that caused it.
Road Traffic Accident Claims
Road traffic accident claims are one of the most prevalent personal injury cases in Scotland. Usually, liability is established by showing that another road user failed to exercise the standard of care a reasonable, careful driver would have exercised, whether by speeding, failing to stop at a traffic signal, driving while distracted, or misjudging the road. If the offending driver is uninsured or cannot be found, the Motor Insurers Bureau offers a way to recover damages, and a specialist solicitor can guide the claimant through the process.
Employer Liability Claims
If an injury occurs in the workplace, the claim is made against the employer under both a common-law negligence claim and a statutory health and safety claim. Employers’ responsibilities include providing safe equipment, training, supervision, and a workplace environment where risks have been identified and managed. A solicitor will seek disclosure of extensive documentation in employer liability claims, such as risk assessments, training and maintenance records.
Public Liability Claims
Public liability claims occur when someone is injured in premises under the control of a third party, for example, a shop, a leisure facility, a public building or a pavement maintained by a local authority. The occupier’s duty is to take reasonable care to ensure that the visitor is reasonably safe, under the Occupiers Liability (Scotland) Act 1960. The standard is not one of absolute safety, so public liability claims must be analysed to see what the occupier knew or should have known about the hazard that caused the injury and what steps a reasonable occupier would have taken in response.
Clinical Negligence Claims
A clinical negligence claim is a type of personal injury claim seeking compensation from a health professional who failed to provide adequate care, resulting in injury or deterioration of health. The evidentiary burden of these claims is greater than other personal injury claims, in that expert medical evidence is required to prove that the treatment was below the standard expected of a reasonably competent practitioner and that the failure to provide this treatment was responsible for the harm complained of. Clinical negligence claims are among the most complex types of personal injury claims and require personal injury solicitors with particular expertise in this field.
Product Liability Claims
If a product is defective and causes injury, the manufacturer or supplier may be liable under the Consumer Protection Act 1987, which imposes strict liability for damage caused by a product that is not as safe as people are generally entitled to expect. To establish a product liability claim, you must prove the defect, the injury, and the causation between the defect and the injury. They can include expert evidence relating to the design, production or condition of the product at the time of the incident.
Choosing the Right Legal Route
Many incidents can be the subject of a claim under more than one category; for example, a road traffic accident may give rise to an employer liability claim as well as a road traffic claim. The first step is to determine which law(s), or combination of law(s), the claim is based on, which will dictate the approach taken from the start. A personal injury solicitor with the knowledge of all types of claims is in a better position to make that assessment accurately and to establish the claim on the best possible basis.
