Thanks to a bombardment of TV, radio and online advertising over the last few years, the general public are now well aware of their rights to claim compensation if they've been injured and believe that someone else is to blame.

If these claims are made against you, either by a member of the public, a customer or an employee, it can be a daunting prospect thinking about how to defend the allegations. Especially when you believe that the person's injury claim has little or no merit.

​However there can be partial or full defences levelled against most personal injury (PI) claims. So it can be helpful to have a general awareness of the possible areas a solicitor may explore to defend the case against you to mitigate the costs of compensation.​​
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Firstly, when an injured person (the claimant) makes a compensation claim against a business or individual (the defendant) the question of liability must be considered. Liability is whether the defendant was legally responsible for the incident and the resulting injury, and can also be thought of as being at fault.

When a claim is made, a defendant can either:

• Admit liability - They were fully at fault for the accident
• Admit partial liability - They were only partially at fault for the accident
• Deny any liability - They were in no way at fault or disputes it ever occurred

​If a defendant admits full liability, then the claim will come down to the amount of compensation the claimant is entitled to. This amount can still be disputed (i.e. claimant's expenses are not justified) or negotiated (early out of court settlement) to minimise the cost.

If the defendant denies liability or only admits being partially at fault, then a defence to the claim must be entered and there are several broad areas of defence that a solicitor can explore.

​For the claimant to make a successful compensation claim they must prove:

The defendant had a legal duty of care towards the claimant
 and
The defendant acted negligently so was responsible for the accident or incident
 and
The claimant's sustained injuries were caused by the accident or incident

As a defendant you may dispute any of these facts, ranging from how the accident occurred to proving that the injuries and financial losses were not a direct result of the accident.

For example in cases such as a fall on business premises, a defendant may be able to produce CCTV or maintenance records to evidence that there were no hazards in the area and as such were not negligent in their actions.

A company's health and safety policies, procedures and training are often relied on heavily when defending a claim that has occurred at a public place or place of work. So ensuring these records are documented and up to date can be a key evidence in a defence.
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No duty of care exists
Employers must ensure employees can conduct their work safely. Likewise the occupier of a building must ensure their environment is hazard free for customers or visitors. However not every relationship between two parties entitles one to a duty of care over the other.

For example, while an employer may owe their employees a duty of care whilst working, the same may not be true for two self-employed contractors.

Alleging fraud
In extreme cases the defendant may dispute the fact that the accident even occurred at all and allege that the claimant is acting fraudulently. If evidence supports this allegation then not only can a case be dismissed, but the claimant may find themselves prosecuted and found 'fundamentally dishonest' forcing them to pay a defendant's legal costs.

Alternatively, it may be accepted that there was an injury which was caused by the accident however the defendant may be able to obtain expert evidence to show the claimant is exaggerating their symptoms and losses.

Contributory negligence
While not a complete defence, contributory negligence is where the injured person is in some way at fault for the accident or incident which caused their injuries. So, while the defendant was partially to blame, so was the claimant.

For example, in road accident claims contributory negligence is often applied in cases where the injured person wasn't wearing a seatbelt. While the defendant may have caused the accident by colliding with the claimant, the injuries the claimant sustained were also partially due to their own negligence in not wearing a seatbelt. As such if the claimant was awarded £4,000 for their injuries but found to have been 25% to blame for contributing to them, only £3,000 would need to be paid by the defendant.

If contributory negligence can be proved, against the claimant or another involved party (e.g. the manufacturer of faulty equipment), it can have a dramatic effect on the final compensation amount awarded.
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Illegal activity
You may have heard stories about burglars being injured and attempting to sue the owners of a property for compensation. While this could hypothetically occur, a defence for this scenario would be that the claimant was injured whist committing a criminal act.

A defence of 'illegality' can be used where a person was involved in criminal activity at the time of the accident, such as in cases of unlawfully trespassing. In situations such as these the defendant would not have a duty of care towards the claimant and a claim would most likely fail.
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Claim is out of time
Someone making an injury claim has three years from the date of the accident or incident to start formal court proceedings (issue a claim with the court). This three-year time limit however is not always straightforward as it may also start from the date the person first had knowledge of the injury which may be several years after the incident that caused it, such as in industrial decease cases. In the case of children, the three-year limitation period doesn't start until they become an adult on their 18th birthday, so a child injured at age 10 will have until they are 21 to lodge a claim.

These timeframes are dictated by the Limitation Act and if a claim is submitted outside the limitation period it can be very difficult for a claimant to show a valid reason why a claim wasn't submitted in the allowed timeframe. Therefore, often the claim may be dismissed regardless of the injury, circumstances or liability.

A poorly defended compensation claim can cost you or your business thousands and in extreme cases result in its closure. While rigorously defending a lost cause is not likely to be cost effective, a thorough and carefully constructed defence can mitigate the compensation you are exposed to.

If you are fortunate enough to have relevant home, employer's liability or public liability insurance in place, then your insurance company may provide a solicitor to fight the PI claim on your behalf. Therefore, when you speak to them it's important to have an idea of what facts you dispute and evidence you can provide to support your case.

If you don't have valid insurance to cover a compensation claim, then it is critical to seek direct advice from defendant personal injury lawyers as soon as possible. Contesting a personal injury claim can be a complex task, but the sooner you seek advice the better your defence prospects will be.

According to the Department for Transport's figures the latest number of hit and run accidents was 17,122 which is an 2.7% increase from the 2014 figure of 16,667.

​Research commissioned by the Motor Insurers' Bureau (MIB), the organisation who compensates drivers for hit and run accidents, suggests that some drivers didn't stop because they didn’t know they had to. Of course there may be more likely reasons such as the driver had been drinking, did not have a licence or a valid motor insurance policy. 
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Are there any independent witnesses? If so, ask them what they saw, whether they have additional  information about the vehicle and the driver. Ask them for contact details so that the police, insurance company or your legal representative can contact them at a later date if required.

Are there any CCTV cameras in the area? Is it possible there may be a recording of the accident or the vehicle that didn't stop? If the CCTV is attached to premises that are open see if you can speak to someone and ask them to keep the recording as it may be needed to trace the driver that did not stop.

Do you have a dash-cam installed? If so remember to remove it along with the memory card if your vehicle is being taken by the police or to a garage.
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If your vehicle is driveable, once you're home contact your insurer and report the accident to them. Find out what assistance your insurer can provide in relation to repairs. It may be that your insurer will not pay out for all the losses you have sustained and you may have to pay your policy excess, so it may be worthwhile contacting a solicitor for some initial legal advice on the various options available to you.

Most importantly the accident should always be reported to the police as soon as possible. If the driver is not traced and your insurance policy does not cover all the losses you have sustained as a result of the hit and run then you may be able to claim against the MIB.

If this is the case the MIB has strict time limits for involving the police. If you are only claiming for property damage (your vehicle, cargo, personal items etc.) then the accident must be reported to the police within five days. If you are claiming for injury you have to report the accident to the police within 14 days.

​It is estimated that one in five of the UK population is tattooed and in young adults the figures increase to one in three.

As with most things in life there are always risks when having a tattoo but the Local Government Association claims illegal tattooists, also known as 'scratchers', are putting people at risk of catching hepatitis and HIV.

So if you have decided you want a tattoo, how can you keep the risks to a minimum?​

• If you have friends with tattoos that you are impressed with ask which tattoo artist they used, what the experience was like and would they recommend the tattoo artist. Failing this look for well established artists in your area that operate out of permanent premises.

 

• Check that the tattoo artist is registered, all tattoo parlours and studios should be registered with the local council. The licence certificate should be displayed at the premises but you can check direct with your local council which are registered. As part of this registration there will have been some checks carried out on the hygiene standards of the tattooist.​

 

• Ask to see examples of the tattoo artist's previous work and if you have chosen a complicated design arrange a consultation appointment to discuss the design in detail well before you want the tattoo started. This will also give you the opportunity to see the premises and form your own view on the hygiene standards.

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Before starting the design the tattoo artist should ask you questions about any health problems and allergies so that they are aware of any issues that could lead to complications.

For each session the tattoo artist should use a needle from a sealed package and proper tattoo ink that is sterile. Have you seen the tattoo artist wash his/her hands and put a clean pair of gloves? If you have any concerns don't be afraid to ask them direct.

Finally the tattoo artist should provide you with aftercare advice which may include dressing area and information on how to look after your new tattoo.

Illegal tattooists may look like a cheap alternative to using a registered artist, but as with most professions you generally get what you pay for.

Is getting a cheap tattoo really worth the increased risk of infection or ending up with artwork you are not happy with?