Judges make landmark 'accident' decision

Appeal Court judges in the UK have made a landmark ruling that could transform the so-called 'compensation culture' in the UK.

The judges have held that there are some cases in which accidents happen and no-one is to blame, meaning that compensation claims could become more difficult to prove.

The move means that solicitors in Northern Ireland will need to consider carefully the merits of a claim for damages in light of the ruling, because it has clarified the duty of care that occupiers and owners are required to provide.

In coming to the decision, the Court of Appeal dismissed a claim for £150,000 in damages against the Royal British Legion. The action had been taken against the Legion after a woman broke her leg falling into a hole left by a maypole that had been removed from a village green.

"If the law courts were to set a higher standard of care than what is reasonable, the consequences would be quickly felt," said Lord Justice Scott Baker in his explanation for the judgement.

The decision could help to define what cases should be considered as personal injury claims and which should be rejected as simply accidents.

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