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Is there a ' compensation culture ' in the UK ?

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  • #46
    Re: Is there a ' compenstation culture ' in the UK ?

    Originally posted by righty View Post
    As I have stated there is no such thing as an 'accident'
    Well of course there is.
    Bolt of lightning its your house, slip on a leaf fallen from a tree on an Autumn day, a puncture causing a skid, piece of newspaper blows up off the road and blocks your vision, bee stings you and causes you to lose control, etc etc etc.

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    • #47
      Re: Is there a ' compenstation culture ' in the UK ?

      Originally posted by andy58 View Post
      Well of course there is.
      Bolt of lightning its your house, slip on a leaf fallen from a tree on an Autumn day, a puncture causing a skid, piece of newspaper blows up off the road and blocks your vision, bee stings you and causes you to lose control, etc etc etc.
      Tut Tut!
      Bolt of lightning.................... act of God
      Slip on fallen leaf..................negligently not taking care where stepping
      Puncture..................................poor tyre maintenance/badly constructed tyre/ hit object (eg glass or stone) left negligently in road
      newspaper.............................left by litter bug
      bee sting................................bee keeper liable as dangerous insects out of control

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      • #48
        Re: Is there a ' compenstation culture ' in the UK ?

        Originally posted by des8 View Post
        Tut Tut!
        Bolt of lightning.................... act of God
        Slip on fallen leaf..................negligently not taking care where stepping
        Puncture..................................poor tyre maintenance/badly constructed tyre/ hit object (eg glass or stone) left negligently in road
        newspaper.............................left by litter bug
        bee sting................................bee keeper liable as dangerous insects out of control
        LOL

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        • #49
          Re: Is there a ' compenstation culture ' in the UK ?

          Originally posted by des8 View Post
          Tut Tut!
          Bolt of lightning.................... act of God
          Slip on fallen leaf..................negligently not taking care where stepping
          Puncture..................................poor tyre maintenance/badly constructed tyre/ hit object (eg glass or stone) left negligently in road
          newspaper.............................left by litter bug
          bee sting................................bee keeper liable as dangerous insects out of control
          Add removing brake light bulbs to engineer a rear end shunt, where the sole occupant multiplies into 8 passengers with whiplash when the claim goes in.

          Easily curable with a windscreen safety camera that saves the footage on impact.

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          • #50
            Re: Is there a ' compenstation culture ' in the UK ?

            Originally posted by andy58 View Post
            Well of course there is.
            Bolt of lightning its your house, slip on a leaf fallen from a tree on an Autumn day, a puncture causing a skid, piece of newspaper blows up off the road and blocks your vision, bee stings you and causes you to lose control, etc etc etc.

            Not in the scenario being discussed here Those you mention used to be described as "Acts of GOD" and insurers tried to use this as an excuse to deny liability if your home was struck by lightning or high winds, that is until the courts finally put at stop to their nonsense

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            • #51
              Re: Is there a ' compensation culture ' in the UK ?

              Can you supply case law re Acts of God where the courts "put a stop to their nonsense?
              I only ask 'cos I can't recall any cases and in fact in 2003. Lord Hobhouse in Transco plc v Stockport Metropolitan Borough Council explained an act of God is an unforeseeable natural phenomenon
              (i) which involve no human agency
              (ii) which is not realistically possible to guard against
              (iii) which is due directly and exclusively to natural causes and
              (iv) which could not have been prevented by any amount of foresight, plans, and care.
              In other words acts of God are still recognized as a defence in law.

              Basically some insurance policies were open (ie covered all perils unless specifically excluded) or closed (covered named perils only).
              Certainly no UK domestic policies now carry Acts of God Exclusion clauses, although under international law, transport carriers aren't liable for acts of God ie unforeseen acts of nature such as lightning.

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              • #52
                Re: Is there a ' compensation culture ' in the UK ?

                Insurance companies do recognise accidents of course(accidental damage) bit different to taking someone to court for damages in an action.

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                • #53
                  Re: Is there a ' compensation culture ' in the UK ?

                  The term unforseeable circumstances should read just as that 'unforseeable' Storm damage is not unforseeable, it's a regular occurrence and that's what defeated the insurance industry's argument.

                  As for the convention governing the international transport to comply the captain of a vessel, to avoid liability, MUST lodge a protest in the ships log specifying date, time, location and damage caused to the cargo/ship AND what steps if any they took to try & mitigate the loss. The latter could even mean jettisoning some cargo in order to stabilize the vessel

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                  • #54
                    Re: Is there a ' compensation culture ' in the UK ?

                    In another life I have arrested vessels around the world but usually the USA and Russia (particularly Greek registered vessels) as the USA & Russia don't recognize clauses of jurisdiction were our Admirallty Court does

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                    • #55
                      Re: Is there a ' compensation culture ' in the UK ?

                      The Hague-Visby Rules - the Hague rules as amended by the Brussels Protocol 1968

                      Article iv
                      2 Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:
                      (d) Act of God

                      Agreed by 94(?) different countries, including USA, Russia and Greece.
                      None of these countries have ratified the alternative Hamburg Rules.

                      Comment


                      • #56
                        Re: Bailiffs demanding money from my 6 year old daughter

                        ME with what I have learnt recently I would have dug out the blu ddy pothole out and photographed it...then made a complaint

                        I AM DREADING, [honestly thought makes me have fear in the pit of my stomach] , when our kid is finally released from Hospital and his wheelchair or his new neon pistorius blades fall foul of whatever is lurking under his non existent feet. If HE falls on his stumps the bottoms could rupture WHO will pick him up, sit with him or heal the mental injury - I can see it in his face he is terrified of life on the outside.. Ok he gets out over the main road in his chair to the Booths he negotiates the corridors and is resilient in the pathways he had gotten to know in the last 20mths of hospitalization - but Now it the Time out of a fraught day having to check e v e r y new place a week before we take him anywhere. I look through three pairs of eyes every time I walk, My multi disability, My sons [no legs], and the everyday expectations of the 'normal' abled Hurrybody. I dont LOOK for an accident or incident to happen I actively try to avoid the damn things. I cannot afford ''time out'' for any reason and that i n c l u d es unreturnable precious time to file a claim

                        ........................................ All opinions are my own and cannot be taken as legal fact you have to check it all out for yourself
                        .................................................. Im just happy to find tips or wrinkles ''stuff'' to be a help to those seeking ..... ....
                        .................................................. ..My Jacobs fight @ MeningitisNow .org Support the Cause to find a Cure

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