In this article, we will look at what steps you could take if you have a valid claim against North Tyneside Borough Council. We’ll examine the duty of care that the council has towards you.
If this duty of care is breached, and you’re injured or made ill as a result, you may be owed compensation. Read on for more information on whether your claim could be viable.
Alternatively, feel free to get in contact now for free legal advice from our team of advisors. If they think your claim has a good chance of success, they could pass you on to an experienced solicitor from our panel.
Select a Section
- Claim Against A Council For Personal Injury
- Suing A Local Council For A Data Breach
- Housing Disrepair Compensation Claims Against The Local Council
- Can I Make A No Win No Fee Claim Against North Tyneside Borough Council?
- The Time You Would Have To Make A Claim
- Get Advice On A Potential Claim Against North Tyneside Borough Council
- More Resources On Making A Claim Against North Tyneside Borough Council
The Occupier’s Liability Act, 1957 is the legislation that outlines the duty of care that someone in control of a space (the “occupier”) has toward the public. For many public spaces, such as shops, libraries and parks, the local council is considered the occupier of the space.
This means that they have a duty of care towards visitors. They’re expected to take all reasonable steps to ensure the safety of those visiting.
You could potentially claim against North Tyneside Borough Council if you’ve experienced a personal injury as a result of a breach of duty of care. Some examples of injuries that could entitle you to claim include:
- Slips, trips and falls. These could occur if pavements are not properly maintained, or if defects that are reported to the council are not addressed. An injury of this nature could cause you to break your hip or foot.
- Defective equipment. For example, a shelf in a public library could be unsecured, causing it to fall onto you and break your cheekbone.
- Road traffic accidents. While these can be caused by the negligence of another road user, they could also come about as a result of the council failing to maintain the roads.
Potential Personal Injury Compensation Payouts
When you make a claim for compensation, your settlement can be split into two parts. These are general damages and special damages.
The Judicial College Guidelines is the document that is used to help value injuries. It is important to note that the numbers shown are taken from previous cases, so they are not guaranteed even if you have a similar injury.
|Hip & Pelvis||Moderate (ii)||£11,820 to £24,950||This could include injuries that may necessitate hip surgery. A hip replacement may also be necessary in the future, and the continuous symptoms are more than minimal.|
|Arm||(d)||£6,190 to £18,020||This could include injuries such as a simple fracture of the forearm.|
|Back||Moderate (ii)||£11,730 to £26,050||This could include injuries such as issues with ligaments and muscles, causing backache, exacerbation of pre-existing conditions or prolapsed disks.|
|Back||Minor (i)||Up to £2,300||This could include back injuries where a full recovery has been made without surgery within around two to five years.|
|Knee||Moderate (i)||£13,920 to £24,580||This could include injuries such as a dislocation or torn cartilage which results in instability or weakness.|
|Wrist||(b)||£22,990 to £36,770||This could include injuries that have resulted in some form of permanent disability, but some useful movement remains.|
|Ankle||Very Severe||£46,980 to £65,420||This could include injuries that have resulted in deformity or the possibility of amputation. Or fractures that have caused long-term degeneration of the joints.|
|Ankle||Modest||Up to £12,900||This could include injuries such as minor fractures, sprains and ligament injuries. A full recovery may have been made.|
|Head & Brain||Minor||£2,070 to £11,980||This could include head injuries where brain damage, if present, is minimal.|
|Eye||Transient||£2,070 to £3,710||This could include injuries where a recovery has been made within a few weeks.|
Special damages can also be awarded as part of your compensation. This covers any financial losses that your injuries have caused, including ones that could arise in the future. This could potentially cover:
- Medical expenses not covered by the NHS
- Travel costs
- Loss of earnings
- Adjustments to the home
You need to provide evidence to claim special damages. For example, if you needed a wheelchair ramp fitting to your home, you could show any invoices for work carried out in order to claim the money back.
For more information on what a claim against North Tyneside Borough Council could cover, why not speak with an advisor today? If your claim is valid, you could be connected with a solicitor from our panel.
The UK General Data Protection Regulation (UK-GDPR) and the updated Data Protection Act 2018 are the pieces of legislation that protect personal data in the UK. The UK-GDPR ratified the General Data Protection Regulations (GDPR) into UK law.
A data breach is classed as the destruction, change, loss, unauthorised disclosure of, or access to, personal data. Personal data is any information that can be used, either alone or when combined with other information, to identify you.
It’s not enough that a breach occurred in order for you to be able to claim. You also need to show that the breach caused you harm. This can be emotional harm or financial harm.
In order to claim compensation for harm caused by a data breach, you must show that the breach came about because of positive wrongful conduct on the part of the organisation. If they did everything they could to protect your data and a breach happened anyway, you would be unlikely to claim successfully.
The Information Commissioner’s Office (ICO) is the UK’s independent authority upholding data rights and data privacy for individuals. They can sanction organisations that don’t comply with the UK GDPR and investigate them.
The ICO also collects statistics on data breach incidents. According to their website, the most commonly reported security incident across all of the sectors in the first quarter of 2021/22 was emails being sent to the wrong recipient. There were 405 of these incidents reported between 1st April 2021 and 30th June 2021.
A landlord has a duty of care towards you, which is set out in the Defective Premises Act 1972. This is the same whether you’re renting from a private landlord or are a recipient of council housing, meaning that the council is your landlord.
If a council landlord fails to keep the property in a good state of repair, and it has caused you harm, you could be able to start a housing disrepair claim. For example:
- If you tell your landlord about damp in the property and they fail to address it, this could worsen your asthma. In this case, you may be able to claim.
- There are rotten floorboards on the stairs. You tell the landlord, but they fail to get someone out to fix it. As a result, the step collapses and you fall down the stairs and fracture your ankle.
For more information on what could justify you making a housing disrepair claim against North Tyneside Borough Council, why not speak with a member of our team today? You could be connected with a solicitor from our panel if your claim has a good chance of success.
If you’ve read this article and feel you’d like to claim with a solicitor, but are worried about the cost this could incur, a No Win No Fee agreement could benefit you.
If a solicitor from our panel offers you their services on a No Win No Fee basis, this means that you will not be required to pay any upfront fees or ongoing fees during the claims process. And, if your case is not successful, you will not have to pay your solicitor for their work whatsoever.
However, if your claim is successful, a success fee will be deducted from your compensation amount once it is fully paid. Before taking on your claim, your solicitor will discuss this fee with you so that you know exactly what will be due to them if you’re successful. It is also legally capped, meaning you will get to keep the majority of the compensation you are awarded.
If you’d like more information on whether you could be offered a No Win No Fee agreement
Time limitations differ depending on the type of claim you are trying to make. You can find more information about this in the Limitation Act 1980, but we will also outline it in this section.
Personal injury claims generally have a time limitation of 3 years, whether from the accident date or the date of knowledge. However, there are a few exceptions to consider, such as for minors and those with diminished mental capacity.
When making a claim on behalf of a minor or someone with diminished mental capacity, it is important to note that a litigation friend is necessary. This can be any responsible adult that has the claimant’s best interests at heart.
For minors, a litigation friend can make a claim on their behalf any time up to their 18th birthday. After the claimant turns 18, they have 3 years to start a claim for themselves if one hasn’t already been made.
For those with diminished mental capacity, a litigation friend can make a claim on their behalf at any time until the claimant can be considered to have made a recovery. After this point, the claimant then has the usual time limit of 3 years.
Data breach claims generally have a time limitation of 1 year for claims against a public body. However, this increases to 6 years when claiming against non-public bodies.
You must begin a housing disrepair claim within 6 years of the date of injury. If you fail to do this, the claim could become statute-barred.
For more information on time limitations and the exceptions that could apply to you, get in touch with us today.
It may seem daunting to start a claim against your local council. However, the solicitors from our panel can help you every step of the way.
Getting in touch with us is easy, and our expert team of advisors can offer you legal advice. If your claim has a good chance of success, they could connect you with a No Win No Fee solicitor from our panel.
- Call us on 0800 408 7827
- Use our online contact form
- Use the live chat feature on this page for instant answers
Thank you for reading our guide on what could entitle you to claim against North Tyneside Borough Council. We hope you found it helpful. This section will include more relevant links.
How To Sue Barnsley Borough Council – A guide on how you could claim against Barnsley Borough Council.
Claiming Against Your Employer – An extensive article on claiming compensation against your employer.
How To Sue Coventry City Council – A guide on how you could claim against Coventry City Council.
Royal Society for the Prevention of Accidents (RoSPA) – A charity that aims to reduce the rate of accidents.
Shelter – A charity aiming to help those struggling with housing issues.
Statutory Sick Pay – A government website on how to claim SSP if you’ve had to take time off work due to your injuries
Thank you for reading our guide on how to tell if you have a claim against North Tyneside Borough Council.
Article by MAR
Edited by FER