News0 min ago
is it all injury the law protects?
does every complaint you have entitle you to a remedy in court?its a kwestn given to us to solve by tomorrow.pls help answer
Answers
Very simply, "any injury or damage" doesn't necessarily end up as a successful liability claim. I used to work in insurance and yes, often people claimed for injury or loss (and sometimes it went to court), but it had to be proven that those being claimed against were negligent in their duty of care, before the claim could succeed. Many claims get thrown out...
21:18 Sun 28th Oct 2012
I am struggling to understand what you need from this question, but as I read it, the answer would be no. If I was to injure myself at work because I used a pump truck as a skateboard and smacked head on with a forklift whilst not wearing a hi-vis vest (which is policy in our place) I would not have a leg to stand on, so to speak. Not only has training taken place, I have signed to say that I have received adequate training. Just uiing this as an example. Got to go, off to play dodgems on the forklifts
@barmaid just got the process of filing complaint and proving your case for you to get any remedy in court
OK, but I am not sure what you mean. In order for your claim not to be struck out, there needs to be a cause of action.
Think about the question you have been asked, and think about what YOUR thoughts on it. Write them here and let's see where we go.
OK, but I am not sure what you mean. In order for your claim not to be struck out, there needs to be a cause of action.
Think about the question you have been asked, and think about what YOUR thoughts on it. Write them here and let's see where we go.
I did wonder if you weren't from the UK. This is a UK site so the vast majority of us and, I'd say, most of us with a fair amount of legal knowledge or training are in the UK (as far as I know) so this site may not be of much help for you as to Nigerian Law.
I have no idea about the Nigerian legal system I'm afraid.
I have no idea about the Nigerian legal system I'm afraid.
@barmaid since a complaint has to be filed and there needs to be proof that the particular incident you are taking to court must have actually taken place that is after it has been determined that so so and so person actually did this against you.because not every grievance or something you think is wrong is eligible for remedy.imagine you arguing with someone and you are vexed with his point of view you have no case in that kind of situation even though you are grieved
Do you a owe a duty of care ? Did you breach that duty and did damage result ? (Negligence?) That is tort. Injury is all about lawyers who will do you a "no win, no fee deal" because you tripped over your handbag on the way in to work BUT should there have been a sign ? 'Take care, if wearing stilletoes, on this highly polished floor ! "
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