Compensation and negligence

Most compensation claims are for ‘negligence’, which is when a person or organisation has not taken reasonable care when they should have done. For example, drivers have a duty to drive carefully. If you are injured because someone hasn’t driven carefully, you will be able to claim compensation.

To get compensation you have to show that somebody has not taken the care they should have. Just being injured, even if it is serious, doesn’t mean that you will be able to claim compensation, because sometimes there is no one, apart from yourself, to blame.

Matt’s story: ‘It was my own fault’
‘It was only supposed to be a bit of fun. I’d been out with my mates and we were on our way home. I’d had a drink, but I wasn’t drunk. As we walked past the college, somebody said ‘let’s have a swim’. We were laughing and messing around. A few of the boys said ‘yeah, come on’, though others said that we were stupid and it was too cold.

The pool was all locked up. It’s walled and fenced off and the gates were locked at that time of night. But a few of us managed to climb over. I took a running dive into the shallow end and hurt myself very badly. I’m now paralysed from the neck down and will never recover.

My claim for compensation was turned down. The court said there was no-one else I could blame other than myself. My Mum had to give up her job and doesn’t have much of a life other than caring for me. We can’t afford to pay for anyone to help her or adapt the house to make it easier for me to get round.’

March 2005