I'm a little uncertain here however ..... It seems as though you left out the part where you could have taken the opportunity to clearly outline for us exactly how you feel that this establishment acted negligently and put your safety at risk?
Everybody on this earth has a slight misstep on occasion, about 6 months ago I was going down a set of galvanised steel stairs at work, was preoccupied with something, marginally over-stepped the stair tread, stumbled and nearly broke my neck in what would have been a very nasty fall, a fall which would have been completely and utterly my own fault as an adult who should have known the process, required attention to due care and blatantly obvious risks involved.
I can't even contemplate to begin to list the amount of times I stumbled, tripped, skated or fell when alcohol was involved..... I'm not at all suggesting this was likely a contributing factor in your case....
The steps I fell down were polished wood. They did have small black tread about half an inch? from the edge of the step but there wasn’t any nosing covering the edges, this was the part my foot slipped off. I was wearing thick soles military boot type at the time.
Best visit a Solicitor, the fact you are from the uk is not relevant at all.
The stairs look fit for purpose, you may be negligent if you had been drinking or carrying anything or not using the handrail.
Expect this to be defended as it should be, robustly, as a business like you describe cannot afford higher premiums following a claim so they will defend.
Expect this to be defended as it should be, robustly, as a business like you describe cannot afford higher premiums following a claim so they will defend.
That's not how decisions are made. The insurance company will decide. They'll do so on the basis of the injuries and the likely hood of success.
I wouldn't worry at all about holding anything. Nobody directed you not to go down the stairs so it wouldn't have mattered if you had something in both hands.I was holding the handrail and nothing in hand. I also wasn’t drinking and have the receipt from that evening, no alcohol was consumed by anyone on our table.
The Supermac cases are probably the best known, they defend these cases by working closely with their insurance carrier and assist the process by provision of cctv and generally sitting on their carrier to ensure only the most obviously genuine cases might get settled under their subregation clauses.
The carrier employs various methods of enquiry to ensure the claim is genuine, these can as we know include covert observations.
My point lest it be lost was that business people that have the public on their premises are defending these types of claims robustly. More are going through the Court system, few are settled in advance, let’s follow the TD case in the papers versus the Dean Hotel as a current example and see where it goes.
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