slip and fall

S

sullyck

Guest
was collecting materials at a local building provider yard was walking across the yard and i slipped on some ice and hurt my sholder. One of the guys that works in the yard came over and asked if i was ok and told me that he had fallen the day before because of the ice,funny thing is that they sell the salt to grit foothpaths and roads in the store.

rang the store later as i had to leave work early could not stand the pain felt i was not being unreasonable asking for the cost of the doctor. Never rang me back so rang again and the manager was so rude telling me that even though i was on their property because it was ice they had no liability never even gave me a chance to say i only wanted the doctor s fee. Even an apology would have being nice but all i got was the feeling the i was trying to get compensation.

E-mailed someone at 9am this morning from the company and still have not recieved a reply.Again not looking for compensation but i think the price of the doctor is a small price to pay
 
This also happened to someone I worked with and she claimed for a hurt finger and wrist and was awarded €2500.
well, if there is total disregard for peoples safety then I think she was quite right to claim.
Dont let them off without raising a stink.
 
I'd reckon they are thinking that if they give you the doctors fee, they will leave themselve wide open if there are further complications.

Peronally, I think you don't have a leg to stand on.....what if the postman slipped on your driveway on an icy morning & claims you have salt in your kitchen, you should have used that to clear the ice? Or if your car had skidded in the car park & hit another car? Ice is beyond their control, I can't see how they could be held negligent.

Sometimes things happen....sometimes it's nobodies fault, thats life.
 
How old are you Sullyck?
Did your mammy never tell you that if you decide to walk on ice you may slip and fall?
Ice forming is an act of nature.
It`s always someone else`s fault isn`t it.
 
iggy your patronising post is not the point. Business owners have a duty of care in tort to any persons on their premises and a statutory obligation under the Occupiers Liability Act and Health and Safety Legislation.

To sullyck I would say after you have gotten medical treatment contact a solicitor who practices in litigation. You clearly will not get any compensation directly from the company yourself.
 
McCrack said:
iggy your patronising post is not the point. Business owners have a duty of care in tort to any persons on their premises and a statutory obligation under the Occupiers Liability Act and Health and Safety Legislation.

To sullyck I would say after you have gotten medical treatment contact a solicitor who practices in litigation. You clearly will not get any compensation directly from the company yourself.
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Perhaps we should all take a step back and look at this in a mature manner. If there are icy patches around a private/public premises, it is up to the user to take due care. The private and public sector cannot be held responsible for every incident in or around their premises. There were many parts of the country not salted over the icy period - does that mean the Councils are responsible for accidents. We as people need to take responsibility for our actions - be it walking or driving. Under tort, I believe that sullyck was 'aware of possible consequences' in taking the action to walk on the ice and therefore has no case.
 
At least morally you should accept that it was an accident and that you will have to pay for it because you and nature were the only two involved. If you go the legal route you may win some compo but that is not a fair or mature approach, it is simply profiteering.
 
just be thankful there are no broken bones or serious damage,these things happen in life we cant always be compensated for everything.
 
It is a recession, less conveyancing, poor solicitors have to make it pay somehow!
 
As i said i am not looking for compensation maybe the doctor fees and an apology. I am self employed and if i dont work i dont get paid. I tried going to work after the accident but was in alot of pain so went to the doctor. I to hear about al thes people making false claims and we the tax payers are the ones who have to bear the burden and of course this is wrong. I work with my hands so now i am out of work for around a week. I walked through the yard and didnt feel it was very icy and as for the place i slipped it was icy and i did not see it. The thing is a guy had fallen the day before so they knew that it was a danger and did nothing about it.

I repeat i am not looking for compo but at this stage an apology would do.
I think i would have a good case but do not wish to go down that road hate giving solicitors money when it could have being sorted out with a phone call
 
One possibility is that the builders' providers are keeping their heads below the parapet because of a fear of expensive litigation -- but I don't think that is a wise strategy. On the facts outlined by sullyck, I would think that they have a liability.

Like sullyck, I am not enthusiastic about grabbing large handfuls of compensation. But think small handfuls are often justified. I would ask for the cost of the doctor's visit and a the amount of earnings lost.
 
Were you collecting the materials for yourself or for someone else eg your employer?


This firm owed you a duty of care which they breached. ,The place was opened to members of the public and should be safe,


They must report this accident to the H.S.A. as a member of the public had to receive medical attention as a result of their business activities. There is nothing stopping you reporting this to the HSA

You will not get the doctors fees from them !!!
Unless you chase them through the courts.
The statute of limitation in this state is now 2 years from the date of the incident.
Write out notes straight away of your rec ollection of the event, description of the employee who fell the previous day etc.
Try to get this employees name if possible without making it obvious.

Be aware this firm could close down shortly due to the lack of construction work beng carried out.

This slip could have been avoided and they were under a legal obligation to do all that was reasonably practical to make the place safe.
 
A good litigation solicitor would get you what you are looking for plus their own fees in one phone call. But I see you don't want to give a solicitor loads of money?
 
you are not entitled to loads of money, but you are entitled to not be at a loss.

Was first aid given to you at this premises?
 
theengineer said:
This firm owed you a duty of care which they breached.
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Sorry, but no one is in any position to make this statement that a breach has occurred on the basis of the information supplied to date in the OP.

Under the general criteria of negligence, it would have to be demonstrated that the premises didn't take reasonable care and that cannot be established based upon the small bit of information provided. Even if a breach of statutory duty was applied, the standard for slips and trips changed in 2007 to include "reasonably practicable", again nobody is in any position to say whether that is the case based upon the current information. Besides which, it's for the judge to decide on liability, not forum posters thankfully.

Sometimes unfortunate things happen and no one is to blame, just one of those things.

If you do feel suitably aggrived by the response of the company to this, then of course it is your right to pursue it any way you wish, but do not feel that you have a "cast iron" case.
 
Did some slip in their yard? yes
did this someone get injured? yes
did managment have prior notice of this yard being slipeary? yes
could this have been avoided ? yes
did they do all that was reasonably practical to avoid this? no
was there negligence? yes
 
theengineer said:
did managment have prior notice of this yard being slipeary? yes
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Where did the OP state this, I can't find it? Just because a man who works there fell the day before, doesn't mean he notified ANYONE.

Perhaps this accident was down to the fact that THIS guy didn't do anything about it.
 
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