slip and fall

theengineer said:
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
Click to expand...

Did managment have prior notice of this yard being slippery?

Who knows.. did the employee report it? Was an investigation scheduled? Was a committee deciding on a course of action? Maybe it was icy due to a spill earlier.. an unreported spill.

Imcompetence isn't negligence...

It would be nice if the company offered some money towards the bills... don't think they will however.

I'd say the OP would win in the courts but I'm not sure... could be construed either way.. and it will defo cost a lot. OP, you'd really need photos if possible.
 
Imagine a fellow jumps over your garden wall to get his ball,he breaks his ankle on landing on a dog turd that you hadn't cleaned up,you don't have a dog,how much would you contribute towards his hospital care and rehabilitation,please answer this question,i am dying to know.
 

In fairness to the engineer, this isn't the same. Someone entering your property for commercial purposes is completely different.

However, as others have pointed out since your reply engineer, there is absolutely no way you can make those claims based on the information supplied. Just because there was a slip it doesn't automatically mean there was negligence.
 
Think on this....





An Obituary printed in the London Times........ Interesting and sadly rather true. H.

Today we mourn the passing of a beloved old friend, Common Sense, who has been with us for many years.
No one knows for sure how old he was, since his birth records were long ago lost in bureaucratic red tape.
He will be remembered as having cultivated such valuable lessons as:
Knowing when to come in out of the rain; why the early bird gets the worm;
Life isn't always fair; and maybe it was my fault.


Common Sense lived by simple, sound financial policies (don't spend more than you can earn) and reliable strategies (adults, not children, are in charge).

His health began to deteriorate rapidly when well-intentioned but overbearing regulations were set in place. Reports of a 6-year-old boy charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition.

Common Sense lost ground when parents attacked teachers for doing the job that they themselves had failed to do in disciplining their unruly children.

It declined even further when schools were required to get parental consent to administer sun lotion or an aspirin to a student; but could not inform parents when a student became pregnant and wanted to have an abortion.

Common Sense lost the will to live as the churches became businesses; and criminals received better treatment than their victims.


Common Sense took a beating when you couldn't defend yourself from a burglar in your own home and the burglar could sue you for assault.

Common Sense finally gave up the will to live, after a woman failed to realize that a steaming cup of coffee was hot.
She spilled a little in her lap, and was promptly awarded a huge settlement.

Common Sense was preceded in death by his parents Truth and Trust,
by his wife Discretion his daughter, Responsibility, and his son Reason.

He is survived by his 4 stepbrothers;

I Know My Rights.
I Want It Now.
Someone Else Is To Blame.
I'm A Victim.

Not many attended his funeral because so few realized he was gone.
If you still remember him, pass this on.
If not, join the majority and do nothing.






​

​

Iggy.......






 
sparkeee said:
the onus is still the same.
Click to expand...

The onus is not the same. The duty of care owed to both entrants is different. The duty of care owed to a trespasser (person jumping over your garden wall) is lower than that owed to a visitor (e.g a customer on a builders yard premises)

See the Occupiers Liability Act 1995 for further.

O and Iggy that piece of whatever is the biggest load of sentimental nonsense I've read in a while and doesnt assist the OP who has suffered an injury possibly caused by another's negligence.
 

Were you collecting the materials for yourself or for someone else?
Seems like a solictor should be instructed in this case. My advice call to a solictor today!!!
 
I wonder would people be so quick to advise going to a solicitor if it happened somewhere else..

The problem was ice on the ground during a freezing period...

If it happened in a supermarket carpark...?
If it happened on the street...?
If it happened in a friends house...?

I think that simply because someone has an accident doesn't automatically mean that someone else is responsible... the judge would likely want to see demonstrated that the injured party took precautions.. (obviously the business should also have done some things but as I say, the management may not have known)... but it may have been reasonable for the injured party to take more care, to examine the area for hazards etc etc.

I do feel for the OP, I am self-employed too and an injury would have major effects on me and my earnings. I think a claim may be successful... but I also think that many people could probably claim for many things.. the real winners are the solicitors on both sides...

Incidentally I have been injured due to probable negligence.. I crashed a motorbike after driving over frozen ice (years ago).. there was a burst pipe and thick ice 'downstream' from it.. thick ice... half an inch thick, covering half the road, on a slope, also on a corner and definitely coming from a burst pipe... I didn't bother claiming for that... (no serious injury but damaged bike, hurt body etc)

But the OP has to make his own decision.
 
The OP went out of his house in freezing conditions, What precautions did HE take ?

Appropriate footwear?
Padded clothing in case of a fall?
Extra vigilant when walking?
Called clients to try to postpone work until better weather?
extra checks of his van/car ?

Did he salt/grit the driveway of his own home?

Would he feel it was his responsability if the postman slipped in his driveway that morning?

Grow up please, You slipped, You hurt yourself, Get over it, It's not always someone elses fault. Nobody owes you money because you were not careful enough.
 
Can we please end this thread!!!! we seem to be going round in circles. Leave the post by TwoWheels as the final word.
 
TwoWheels said:
Would he feel it was his responsability if the postman slipped in his driveway that morning?
.
Click to expand...

He may not feel responsible but He would be responsible if the postman slipped on his drive way. he would need to show he did everything that was reasonably practical.
A tesco deliver driver slipped in a drive way and is sueing both his employer and house holder. FACT !!
 
I would like to thank everyone for their thoughts on this matter, both positive and negative points of veiw have merit and still dont know what to do. Shoulder is still painful and have missed a full weeks work. On the other hand no one died so i might just let it go. Still think its extremely bab the way i was treated after but guess thats how company s are these days. thanks again for all replies
 
Sullyck - sorry to hear about your unfortunate incident but i think you have a valid case on your hands

Under the Safety Health and Welfare at Work Act 2005 there is an onus on employers to protect non employee on their property.

Chapter 1 Part 12 states the following

Every employer shall manage and conduct his or her undertaking
in such a way as to ensure, so far as is reasonably practicable,
that in the course of the work being carried on, individuals at the
place of work (not being his or her employees) are not exposed to​
risks to their safety, health or welfare.


 
I think these sort of claims are the problem nowadays with schools not playing contact sports and play areas shutting down.Sometimes it can be just your fault.
 
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