You have a duty of care to visitors at your home
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BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.
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The party was being hosted while her parents were away. Even so, her parents, Mr & Mrs Hawkins, still owe a legal duty of care towards visitors to their property under the Occupiers Liability Act 1957. The Miss Grimes Solicitors claim that Mr & Mrs Hawkins should have put up warning signs forbidding diving at night or in their absence. .
The case is still ongoing and Miss Grimes is reportedly claiming damages of Â£6,000,000. Whilst I understand that Mr & Mrs Hawkins do have household insurance which would cover them for the claim, this will not be enough to cover the full amount claimed. Household policies are generally limited to Â£1,000,000 or Â£3,000,000 cover for third party liability claims. They would be personally liable for any balance due to the Claimant and they could be bankrupted if she is awarded significantly more than the sum their insurance covers them for.
When the case is decided, the Judge could reduce Miss Grimes' damages by an appropriate percentage to reflect that she may have been at least partly responsible for her own accident.
If Miss Grimes' case is unsuccessful, she will of course receive nothing for her terrible injuries.
From a legal point of view, it will be interesting to see the outcome of this important case. For more detailed information on the Occupiers Liability Act click here to read my in-depth article.
Solicitor in the Personal Injury team
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