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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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I was employed by the Royal Navy and took part in the Royal

Customer Question

I was employed by the Royal Navy and took part in the Royal Navy Field Gun competition at the Royal Tournament in London. I ran a number of times and was injured on many occasions. The trainers allowed me to carry on running in these competitions even with these injuries, and it was classed as a duty to do so. Now that my career as come to an end and I am suffering the effects of these injuries they are taking no responsibility and claiming on the balance of probabilities that my injuries were not attributable to my service. Did they not have a duty of care to stop me taking part if they knew I was injured or there was a reasonable chance of injury carrying out these duties? If they did who was responsible for my welfare the Trainer, Field Gun Officer, Medical Officer or Ministry of defence.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

In general terms what are the injuries you have suffered. Do the Navy give any reason for their assertion that the injuries were not attributable to your service.

LondonlawyerJ :

It is certainly possible for former military personnel to bring PI claims against their former service employer if it can be proved that they have suffered foreseeable harm as a result of a breach of a duty of care to you. This is a specialist and technical legal area however and great care is needed to do it right.

Your suggestion is that you were suffering from an injury and were required to undertake work that made this a serious permanent injury. Whether the Navy is liable will depend on a number of things including but not limited to: the state of your injury at the time, whether you gave them proper notice about the injury, what sort of medical evidence (whether civilian or military was available at the time) how the Navy responded to that notice, whether they considered other duties and if not why not.

In terms of who was responsible, if one of the people you mention above did the act that caused the harm then they may e personally liable but as they were acting in the course of their employment then the Navy will be responsible and it is very likely to have deeper pockets than an individual.

Another issue that you need to be aware of is that there are strict time limits for bringing personal injury claims. There is a real risk that you claim may be close to being time barred. It may even be time barred already if you became aware of the harm caused more than 3 years ago. The law on time limits is quite complicated however and you will only know where you stand in this when a specialist lawyer with full knowledge of the case advises you.

You need to seek specialist legal help very quickly. If you go to this website http://www.apil.org.uk/armed-forces-lawyer you will find details of lawyers who are members of the Association of Personal Injury Lawyers who specialise in claims against the military. These claims are often taken on a no win no fee basis . If you have household insurance this may also give you legal expenses insurance too.

I hope this answer your question but if you need any more help then please do not hesitate to contact me again. I would also be grateful if you would please take the time to rate my service this will not close the question and I will continue to answer questions.

LondonlawyerJ :

Hello again. I note that you have looked at my answer but not either asked a follow up question or rated my answer/service. If you would like any more help then please let me know and I would be very grateful if you would please give me a rating as unless you give me a positive rating I will not be paid for the answer I gave you.

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