Advice for Injury Compensation Claim

The accident’s that occurred in the private properties or businesses are common enough and the business or the property owner is liable to pay for the injuries if only their negligence can be proven in the court of law (Lewis, Morris & Oliphant, 2006). This incident concerning a fall and back injury caused by spillage in an Aldi supermarket falls under this category and as the legal adviser’s report; this will consider the steps that should be taken by Tamara to ensure she gets compensation for the injury caused by the accident. First, it should be stated that the supermarket is not important and the fact that is mentioned in the case that only ALDI stocks the particular brand is irrelevant in relation to the case. All businesses no matter their size or speciality are liable for the safety of the consumers on the premises. According to the occupier’s liability act 1957, the management of the store is responsible for any incident resulting in injury to any employee or customer (Buckley, 2006). Therefore, the circumstances that caused Tamara to run are irrelevant as the spillage that caused her fall and subsequent injury should be focused on (Bennett & Gibbeson, 2010). From the law and case records, it can be gleaned that the risk to safety cannot be eliminated so if the accident was caused by some action or inaction of a specific person and could be prevented then the owner of the property has been acting in a negligent manner. The negligence to remedy the issue, warning of the danger or reporting to t he authorities is deemed as statutory duties and the failure to maintain the safety of the premises is seen as negligence. The management of the safe environment is the responsibility of the property owner so in this case the Aldi supermarket authority is responsible for the situation. The Health and Safety at Work Act 1974 in this case is also applied as the maintenance of a healthy and safe working environment is based on the same principle and the supermarket is a place of employment for the staff. Even if it was not one of the staff who was responsible for the spillage that caused the accident the responsibility of the workplace falls on the employer as the customers are the people who are directly affected by the acts of the employees (Kachalia et al., 2008). The Management of Health and Safety at Work Regulations 1999 also stipulates that the risks of the trips and falls in the premises need to be assed periodically by the owner or the designated person. Any employees who were on duty in the vicinity should have reported the spillage that was in front of the frozen food sections and proper steps should have been taken to remedy the situation or at least provide sufficient warning to the people to avoid any such injury. It can be easily surmised that being a person in full control of her capacities Tamara would not have run if there were a â€Å"wet floor† or danger sign in the area. So this can be easily used to prove the fact that store authority was negligent in the matter of safety from trips or falls. The Workplace (Health, Safety and Welfare) Regulations 1992 is more clear on the matter as the proper condition of the floor that needs to be maintained by the owner of any premises and there needs to be a warning sign on the allocation to ensure that the customers are directed to move around the area to avoid injury. However, there was not any sign on the area of the spillage allowing Tamara to be warned of the dangers (Lewis, 2006). Therefore, the explained laws are clear on the matter of the accident that points out the responsibilities of the owners of the store and their management to prove that in this case they neglected their responsibility to ensure safety of customer sand are liable to be pay for the damages caused by their ignorance. The procedures of the claim prior to the selection of a lawyer specialised in injury claims are given below to guide the efforts of the plaintiff Tamara. The accident occurred at a place of business so the relevant regulation have already been considered on the basis of the legal support of the incident from the relevant laws and according to the details the incident can be categorised as a injury art a business premises and the type of injury is slips, trips and falls. Tamara needs to mention clearly about the people who were present at the time of the incident and the relevant pictures of other evidences regarding the incident and the cause of the incident needs to be accounted in detail for the help in the collection of supporting evidence to prove the negligence of the business owner. The Witness accounts are the most important part of p [roving the liability of the store owner (Young, 2010). An entry in the supermarket accident book needs to be recorded and facts of the incident need to be reviewed to ensure the veracity of the account. Records of any medical examinations is also paramount to the claim and the documentation that presents the expense of the treatment is extremely important in determining the amount to e paid by the responsible organization Aldi in recompense. In this case, the injury was extensive and the medical reports detailing the extent of the injury need to be provided as proof of the extent of the injury. The loss of income for the period Tamara was hospitalized and rehabilitating are important in determining the amount to be claimed in compensation (Alexander, Badial & Klein, 2006). Tamara needs to ask for the CCTV footage of the store monitoring the location so Tamara can present the details of the incident at the court as plaintiff. The supermarket Aldi is liable to provide the record of the incident under the freedom of information act 2000. The report outline both the procedures of making the claim and the specifics of the incident in terms of the different laws applicable in the scenario to give credence to the case and aligns the specific case with the legalities applicable in the laws. Therefore, the report can easily guide Tamara through the initial processes of the claim before hiring an expert lawyer. Alexander, D. A., Badial, R., & Klein, S. (2006). Personal injury compensation: no claim without pain?. The Psychiatrist, 30(10), 373-375. Bennett, L., & Gibbeson, C. (2010). Perceptions of occupiers' liability risk by estate managers: a case study of memorial safety in English cemeteries. International Journal of Law in the Built Environment, 2(1), 76-93. Buckley, R. A. (2006). Occupiers' Liability in England and Canada. Common Law World Review, 35(3), 197-215. Kachalia, A. B., Mello, M. M., Brennan, T. A., & Studdert, D. M. (2008). Beyond negligence: avoidability and medical injury compensation. Social science & medicine, 66(2), 387-402. Lewis, R. (2006). How important are insurers in compensating claims for personal injury in the UK?. The Geneva Papers on Risk and Insurance Issues and Practice, 31(2), 323-339. Lewis, R., Morris, A., & Oliphant, K. (2006). Tort Personal Injury Claim Statistics: Is there a Compensation Culture in the UK?’. Torts Law Journal, 14, 158. Young, D. (2010). Common sense, common safety. Cabinet Office, HM Government, London.  

Green Supply Chain Management Essay Example | Topics and Well Written Essays - 2250 words

Green Supply Chain Management - Essay Example Green et al (2008) have described supply chain management as integration and coordination of strategy alignments such as responsiveness, customer focus, quality, efficiency etc and business processes such as purchasing raw material, manufacturing product, logistics, marketing and (IS) or information system in the supply chain with an intention of satisfying purpose of end users. Zelbst et al (2010) have found that, activities throughout the supply chain causes environment pollution but if organizations manage its supply chain activities then it will not only decrease environmental pollution but also help the organization to decrease costs related to fuel fed transportation system which is an integrated part of supply chain management. Vachon and Klassen (2007) have found that environment sustainability is more of supply chain imperative in contrast to organizational imperative. Green et al (2008) have raised question over the holistic nature of the term â€Å"sustainable supply chai n management† and stated that, it is necessary for every supply chain partner to act responsively otherwise it is not possible to design a sustainable supply chain framework. In such context, Vasileiou and Morris (2006) have stated that green supply chain or sustainable supply is the environment friendly version of supply chain activities, for example, in the green supply chain; products are manufactured through environment friendly manner, transported through environment friendly vehicles and stored in environment friendly manner. Research scholars have argued that, manufacturing companies were forced to think about a greener supply chain management due to increasing pressure of governmental environmental regulations. It is evident from the above discussion that green supply chain is highly debatable topic among research scholars; hence study will dig deep on the topic by reviewing the existing literature on green supply chain and find how companies can improve their green su pply chain management. Any discussion on green supply chain will be incomplete without defining or understanding core elements of green supply chain management, hence in the next section the study will try define the concept of green supply chain management. Green Supply Chain Management (GSCM) According to Handfield and Nichols (2002, p.8), â€Å"Supply chain management is an integrated management system of supply chain organisations and activities through cooperative organisational relationships, business processes, and high levels of information sharing systems that provide member organisations a sustainable competitive advantage.† In such context, Van Hoek (2002) has pointed out that organizations need to work on improving social and environmental benefits for its value chain partners, which means organizations, need to implement greener technology in order to decrease carbon emission in the value chain. Organizations need to think about environmental impact of the supply chain on consumers, for example, fuel fed transportation between supplier and the consumer not only creates negative impact on the environment but also increases cost for customers. Zhu et al. (2008, p. 262) have given a holistic definition of GSCM by taking account the concept of value chain, â€Å"green purchasing to integrated life-cycle management of supply chains flowing from supplier, through to manufacturer, customer, and closing the loop with reverse logistics.†

How Individual Firms Can Prevent A Leeson Incident From Happening To Research Paper

How Individual Firms Can Prevent A Leeson Incident From Happening To Them - Research Paper Example This research paper tells that the collapse of Baring Bank was primarily due to one rogue trader, named Nick Leeson, who was making fraudulent transactions. Leeson occupied a great deal of power in Barings Limited, as he was both the Chief Trader and Head of Settlements, which means that he could make any trades he wanted without any oversight – the fox was in charge of the chicken coop, so to speak. What this essentially meant was that Leeson was able to cover up losses and report them as gains, because, as Head of Settlements, which was in charge of reporting trading losses and errors, he was able to be dishonest in this way. This was brought to the attention of the auditors, which stated that this set-up provided great risk, but Barings did nothing to rectify it. In the end, it was this lack of governance that proved to be the undoing of the firm, as Leeson single-handedly brought the bank down. The Leeson affair was caused by a number of different factors. First, according to Hoch & Kunreuther, bad decisions played a large part in fomenting the conditions under which the scandal occurred. One of the bad decisions was on the part of the managers, who looked the other way regarding Leeson because their emotions got in the way. The managers liked Leeson, as he initially was successful in trading, and the emotion of greed got in the way of closely scrutinizing him. Moreover, Leeson had very little experience in trading, and he had some personal bad debt that was not disclosed in his application for a trading license. All of these should have been red flags, however, they were overlooked by the individuals in the hiring process and by the managers who could have prevented Leeson’s reckless trading, simply because Leeson was liked (Hoch & Kunreuther, 2001, p. 6) Hoch & Kunreuther (2001) also state that there were other reasons why there were so many bad decisions that were made in the Leeson case. One of these is that the company relied too much on intuition. Another is that they were in too much of a rush – they felt that they must capitalize on the Far East market as quickly as possible, without implementing the

Christian Church in the Middle Ages Essay Example | Topics and Well Written Essays - 1000 words

Christian Church in the Middle Ages - Essay Example The church influenced the way people think. The advent of the church began upon the fall of the Roman Empire. The Catholic Church was the only source of moral authority during the middle ages. The head of the Catholic Church at the time was, just like today, the Pope. Members of the church believed that the Pope represented Jesus spiritually on earth. Under the Pope were cardinals, archbishops, bishops and local priests who were in direct contact with the populace. The pope and the archbishops only presided in important occasions. Normal services were the obligations of the local priest under instructions from the Bishops. The major role of the church during the middle ages was to fulfill the spiritual need s of the followers. Priests gave instructions to peasants and the people living in towns in the faith. They also served important purposes in comforting the members when they are in trouble. When members of the church lost a loved one, the priests would be there to console with the families and ensure an organized send off. According to the church, everybody is a sinner, whether male or female and Christian s could escape the wrath from God by believing in Jesus. They would receive eternal life in heaven through doing good and fully participating in the sacraments. Apart from the spiritual leadership role, the church performed many secular roles. The church owned land and Christians contributed to the wealth creation of the church through tithes. Tithes were a portion of the members’ earnings that they gave to the church. Through canon laws, the church had its court to matters relating to justice. Except the monarchs, the church had authority over the secular leaders. The pope had the power to excommunicate kings and other secular rulers who attempted to challenge him. Some members of the Christian community during the middle ages dedicated their lives to serving God and they became Monks and Nuns.

Marketing Assignment Example | Topics and Well Written Essays - 750 words

Marketing - Assignment Example The market share of iPad is also high because Apple is a pioneer in the technology. Though other companies such as Samsung have launched similar prototypes, these companies do not have the first mover advantage. Thus the most relevant strategy for iPad given its position is a good amount of promotion. Apple should invest in promoting this product to improve on the sales of the product. Find 2 examples of mission statements. Do you think these statements reflect the companies? Mission Statement of Coca Cola: To refresh the world; to inspire moments of optimism and happiness; and to create value and make a difference (Coca-Cola). This statement reflects the new image of Coca-Cola that has been developed through the most recent campaign. TV advertisements promoting the product show happy people being refreshed. This mission statement portrays the company as an organization brining optimism and warmth for its customers. It however, misses one big element and that is taste. Mission Statem ent of Facebook:   ‘Facebook’s mission is to give people the power to share and make the world more open and connected’ (Facebook). This mission statement reflects a company centered on the people and how to improve on their sharing experience. Facebook’s mission shows that the company values its users and is build around improving their experience. It talks about connectedness and openness and thus works for the company like this. 2:Peapod, the nation’s leading internet grocer, understanding growing demographic and social cultural macro environmental trends,  allows non-traditional households, such as single working parent households to order more than 8,000 grocery items online and have them delivered to home. Can you think of an example of how beverage marketers might alter an existing product or service, or create something new to satisfy the unique needs of the non-traditional single working parent households? One way in which beverage mark eters may alter existing products is by offering smaller packs for non-traditional single working parents. Such parents are not interested in buying economy packs since most of the product is wasted as they do not have large families to consume the product. Also within single working parent households, there is a greater need for getting food ready quickly. The beverage industry needs to focus on providing quick solutions such as easy to make coffee or 5 minute coffee. The single parent household is also willing to offer more price for premium products as they can afford product because they do not have to cater to a large family. Here beverage industries can offer new varieties and flavors to such households. When we purchase products or services we go through a decision process: Step 1 – Need recognition; Step 2 – Information search; Step 3 - Evaluation of alternatives: Step 4 - Purchase Decision; Step 5 Post-purchase Behavior.  Identify a recent purchase made by y ou and describe what role the product’s marketer played, if any, in getting you through the process.  Comment on the effectiveness of the marketer in someone else’s discussion post vs. your product’s marketer. Recently I brought a new android phone by HTC. Before making the purchase, I went online and searched for android phones with good reviews. I also kept my price range in mind. The marketer in this case helped me to a limited extent. He provided the platform where I would be able to easily gather information. The marketer by

Global Media Research Essay Example | Topics and Well Written Essays - 2250 words

Global Media Research - Essay Example There are not absolute answers since these issues are complex and multi-dimensional. The present analysis is centered on empirical views. Miraglia, Law, and Collins (1999) assert that the essential feature of culture is the fact that people learn culture, that 'many qualities of human life are transmitted genetically', but 'culture resides in all learned behavior and in some shaping template or consciousness prior to behavior as well'. These authors state that there are some important elements in any cultural system, which are categorized as follows: This learning-teaching process for acquiring and transmitting culture is in a 'constant state of change', and since culture is a system of meaning it 'consists of negotiated agreements and processes of negotiation' (Miraglia, Law, & Collins, 1999). In the Dictionary of the History of Ideas it is stated in relation to the views of Herder that progress or change 'becomes a built-in characteristic of tradition' as part of 'a given culture continuum and the instrument for its transformation' that requires 'emerging goals pointing to the future' (2003). Regarding the issue of media piracy and file sharing there has been a high degree of controversy and many lawsuits that seek to reverse this pervasive trend, which is possible as a consequence of the technological advances in the digital age. Koman (2001) points out that the record companies should 'be willing to treat online music as radio, as night club, as party tape, as all the ways that copyright-protected music has been used for decades'. But media companies keep fighting piracy from different angles like in France where they are exerting pressure on the Internet Service Providers (Pfanner, 2007). There has been several proposals to help stop media piracy like establishing a 'global license' (Pfanner, 2007) or 'an Internet-wide compulsory licensing scheme' (Lessig quoted by Post, 2004) or 'proposals to shorten the term of copyright, to broaden the scope of permissible "fair use," to reduce the copyright holder's ability to control the production of "derivative works," and to r eintroduce copyright formalities' (Lessig quoted by Post, 2004). Indeed the media companies are facing a big challenge, and many authors consider that media piracy and illegal file sharing won't be possible to stop (The McGill Daily, 2008; Close, 2004; Brown, 2005; Biglione, 2006). So far media companies are using encryption for protecting their works and have partnered with online business to sell their products (Brown, 2005). Nevertheless, it is clear that media companies will have to adapt to the new Technologies and find a way to have their intellectual property rights respected (Post, 2004). 2.- What does Manuel Castells' concept of the 'network society' suggest about the cultural consequences of media piracy and file sharing The concept of 'network society' as explained by Castells has many relevant implications in the way that culture is processed, transmitted, and reconfigured through the tension between the flows of power and the

Mozart, Beethoven and Wagner Essay Example | Topics and Well Written Essays - 750 words

Mozart, Beethoven and Wagner - Essay Example Ludwig van Beethoven was also a masterly composer. His compositions are grouped according to numbers, and a significant composition by him is the by opus number. The numbers were assigned by publishers, which follow the order by which his famous compositions were published, and not what they meant. By this way, he created a second theme that sounds like an outgrowth or variation of the first theme. Though it is an inadequate statement it can actually be pinned down when some of their work is compared like; the opening movement of Beethoven’s Symphony 5. Mozart, on the other hand, was conservative and followed the rules. His music is in the confines of boundaries which he imposed on himself, yet they were still so marvelous, and he left us many incomparable masterpieces. Mozart was zealous in opera and stood unsurpassed and Wagner agreed that Mozart was a formidable competitor to him in the opera world. Mozart was also prominent in the world of composition for churches and his skills stand unsurpassed by Wagner and Beethoven. Beethoven, on the other hand, took a little touch of music from the two and them and infused his own unique personality into his music. Mozart composed less technical music it was precise and thematic and was designed to be played by any level while Beethoven and Wagner’s music was more aggressive. The two latter wrote their music with tension this does not come as a surprise since the Mozart played for royalties while Beethoven and Wagner played for the people.... Another renowned composer is Wilhelm Richard Wagner who was German by decent. One of his compositions was the Siegfried which is the 3rd that make up ‘Der Ring des Nibelung’. Siegfried is the third of Wagner’s operas, which he wrote, in 1851. Siegfried premiered as part of the complete ring cycle at Bayreuth on August 16, 1876 (Kivy, 2001). The three composers concentrated mostly on the classical style. It was the most popular style which both the three used alongside other styles like the romantic style. The use of sonata was the most defining characteristic of the style which was classical. Sonata was so pervasive at the time, that it invaded each and every genre of music eve church music as well as opera. The three composers above under discussion each created compositions that are a hybrid of other forms and the sonata form. An example is the fact that they used rondo form, variation form and blended it all with the sonata form. ‘Sonata form begins with simplicity and tonal stability, builds in tension towards a middle section, and reduces complexity and tension in the last section. The climax is always in the middle. That is where the most complex textures are usually found, as well as the most far-ranging key changes, and the most agitated rhythmic patterns’ (Wolff, 26). Beethoven liked to use a combination of Mozart’s use of multiple themes and Wagner’s monothematic technique. By this way, he created a second theme that sounds like an outgrowth or variation of the first theme. Though it is an inadequate statement it can actually be pinned down when some of their work are compared like; the opening movement of Beethoven’s symphony 5 (Wolff, 1990).