Personal Injury In Prison

PrisonPersonalInjury

Although being in prison means that there are things that you can’t do, you still have rights and should be fairly compensated if you have suffered from a personal injury whilst serving in or visiting a prison. Our specialists have a great deal of experience helping those in the prison system and will be able to support you throughout your claim.

What are Common Personal Injuries in Prisons?

Some of the most common personal injuries that our specialist solicitors have helped previous clients with include:

  • Avoidable slips, trips and falls
  • Avoidable falls from bunk beds
  • Assaults that you were not reasonably protected from by staff
  • Dental negligence
  • Medical negligence
  • Burns
  • Workplace accidents
  • Assaults
  • Transport accidents
  • Accidents in the gym

Sadly, statistics have shown that violence in prisons is on the rise. In the March of 2009, there were 3,191 assaults on prison staff recorded, but in March 2020, there were 9,784 recorded incidents of assaults on prison staff – an increase of more than 300% over eleven years. In response to this, the Prison Reform Trust has commented that prisons are currently ‘less safe than they have been at any point since records began.’

The Prison Service’s Duty of Care

HM Prison Service, prison governors and directors and generally all members of prison staff owe a duty of care to protect prisoners from personal injury and harm, including from abuse and neglect. This duty also extends to taking appropriate and proportionate action to protect prisoners. Legally, the Prison Service’s duty of care is also covered by Article 2 of the European Convention on Human Rights, which imposes a positive obligation on the State to always take measures to protect an individual if their life is at risk.

If prison staff are found to have not taken reasonable, proportionate action to prevent an attack on a prisoner by other prisoners, then the injured prisoner may be able to claim damage against the Prison Service. You always have rights that mean that you should be entitled to reasonable protection.

What are the Steps to Take if Injured in a Prison?

There are some things that you can do if you have been injured in a prison to improve your chance of compensation. These include:

  • Writing down notes of what happened in as much detail as soon as you can;
  • Ask other people who witnessed the incident to provide statements in support of your claim;
  • Take photographs of the place where the injury occurred, what caused it and of your injury (if this is possible)
  • Report the incident so the prison can make a note of the injury.
  • Talk to a specialist solicitor for advice

Get in Touch

Here at AWH Solicitors, we specialise in helping those who have suffered from preventable injuries in prison. If you have had an injury or any form of negligence that has put you in danger, then we can help you.

Get in touch today for a confidential chat with one of our specialists.

Get in touch