I was recently visiting a cemetery when a headstone fell over and crushed my foot in the process – am I able to claim compensation?
A cemetery accident injury claim can be made if a third party – who was responsible for your health and safety – exhibited their own carelessness which resulted in you sustaining an injury. This third party must have owed you a duty of care and failed to perform it, as you should not expect to sustain an injury in a cemetery. You may therefore be entitled to compensation for a cemetery accident for the injuries you have sustained and any deterioration you have suffered in your livelihood as a result of your accident. To ensure that your claim for an accident in a cemetery is handled professionally and to maximise the possibility of a successful claim, you are advised to consult a personal injury solicitor at the earliest opportunity.
A cemetery accident injury claim can be made if it is determined that the negligence of the council – or those who own the cemetery – have been negligent in its upkeep. An accident in a cemetery caused by a falling headstone has been known to occur in the past and those responsible for the upkeep of the cemetery should be aware of this potential issue. An injury in a cemetery which has been sustained from a falling headstone could therefore be entitled to compensation if it can be established that measures could have been taken to fix the problem but were not and that the inaction of the responsible party resulted in your accident and injury. Your compensation for a cemetery accident will then be claimed against the insurance policy of the council or those responsible for the maintenance of the cemetery.
Determining negligence in a cemetery accident injury claim can be done by consulting a surveyor to assess the grounds of the cemetery and determine whether instability existed around the area of the fallen headstone. The surveyor can also examine other headstones in the cemetery to establish whether further instability existed and if a risk of further injury in a cemetery is possible in the vicinity. Your claim for compensation for a cemetery accident will be strengthened by this as it would be clear that the cemetery is poorly maintained. Your claim will also be assisted by the testimony of friends, family or other visitors who witnessed your accident in a cemetery occurring.
It should also be noted that after suffering an injury in a cemetery, your likelihood of a successful claim can depend upon the strength of your claim. By contacting a personal injury solicitor you will receive legal representation from a professional who can guide you through the process of making a claim for compensation for a cemetery accident. Your solicitor will thoroughly assess your accident in a cemetery, determine the negligent party in your claim, establish whether it is worth pursuing further and assist in bringing your cemetery accident injury claim to a successful conclusion.