Quizzes & Puzzles6 mins ago
accident claim
i recently filled an accident claim form from local Council after having a fall. They have refused me compensation, would it be worthwhile to contact a lawyer to act on my behalf?
Answers
Have a look at the Occupiers Liability Act 1957 - the relevant law is contained therein.
However, whether the council have breached that duty is a different matter (in one famous case someone slipped and fell off the Cobb at Lyme Regis because it was wet and slippery due to algae - the Court found that they were not liable under the OLA).
You could...
You could...
15:17 Fri 04th Feb 2011
What is it you think the council should have done to prevent your accident? Whether this is in fact something that they are responsible/liable for is an issue in itself.
Was there a defect or just that the steps were wet? Not really surprising in that environment, I'd say that was reasonably forseeable that care should be taken and that there is a certain element of own risk.
Is there a direct causal link between any actual fault on the part of the council and your accident? Did you do anything which could have contributed to your accident or anything else you would claim for? For example trying to go down cliff steps in high heels (just an example).
hc asked some very valid questions, were their warning signs etc...
I've nothing against people with a genuine claim but I have to say I despise the general compensation culture. People just don't realise the harm they cause to everyone by the whole where there's blame there's a claim culture - defensive medicine, OTT health and safety etc...
Was there a defect or just that the steps were wet? Not really surprising in that environment, I'd say that was reasonably forseeable that care should be taken and that there is a certain element of own risk.
Is there a direct causal link between any actual fault on the part of the council and your accident? Did you do anything which could have contributed to your accident or anything else you would claim for? For example trying to go down cliff steps in high heels (just an example).
hc asked some very valid questions, were their warning signs etc...
I've nothing against people with a genuine claim but I have to say I despise the general compensation culture. People just don't realise the harm they cause to everyone by the whole where there's blame there's a claim culture - defensive medicine, OTT health and safety etc...
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i never asked anyone for holiday snaps, i asked if anyone had photos of the steps in question. Since then i have been back down there and taken my own photos. this is the first time that i have ever claimed compensation. Never expected all this abuse from people that don't even know me. You are , of course, entitled to your opinions. the same as i am
Your own photos will have been taken long after the event - I remember answering your earlier thread http://www.theanswerb...w/Question973519.html
The steps' condition may have changed since then. Unless you take the photos at the time of the accident (and you said there were 100 steps?) I don't see what purpose the photos will have taken. Seaside beaches made of stone will be wet at times. Unless there was a defect in the step (e.g. a chunk missing which the council knew about, but did nothing to repair) it sounds like an accident, accidents happen.
The steps' condition may have changed since then. Unless you take the photos at the time of the accident (and you said there were 100 steps?) I don't see what purpose the photos will have taken. Seaside beaches made of stone will be wet at times. Unless there was a defect in the step (e.g. a chunk missing which the council knew about, but did nothing to repair) it sounds like an accident, accidents happen.
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Surely there's a degree of responsibility on anyone using the steps (or any other public area) that they will exercise reasonable care and attention when doing so. If many people are having accidents at the same spot then there might be some cause for complaint but if one person has a mishap when everyone else negotiates the steps successfully then the weight of blame falls on the individual for not taking sufficient care.
You say you have gone back to the steps to take pictures Patrixcia. I live next to Stoke Mandeville hospital which has a specialist unit for spinal injuries. There are many people in wheelchairs in this town and the surrounding area, most of them paralysed from the waist or neck. Many paralysed from the neck get around by controlling their motorised chairs with their chins. The most disturbing thing is that almost all of them are youngsters who broke their necks riding motorbikes or in diving accidents. There's a stunningly beautiful girl I see here who can be no more than 18 - but she's paralysed from the neck and controls her chair with her chin too.
If you were able to pick yourself up and walk away what on Earth are you doing messing about like this Pat? Come to Stoke M and see those who have had real injuries and I guarantee you'll never complain about any minor accident or ailment again.
You say you have gone back to the steps to take pictures Patrixcia. I live next to Stoke Mandeville hospital which has a specialist unit for spinal injuries. There are many people in wheelchairs in this town and the surrounding area, most of them paralysed from the waist or neck. Many paralysed from the neck get around by controlling their motorised chairs with their chins. The most disturbing thing is that almost all of them are youngsters who broke their necks riding motorbikes or in diving accidents. There's a stunningly beautiful girl I see here who can be no more than 18 - but she's paralysed from the neck and controls her chair with her chin too.
If you were able to pick yourself up and walk away what on Earth are you doing messing about like this Pat? Come to Stoke M and see those who have had real injuries and I guarantee you'll never complain about any minor accident or ailment again.
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"Access to the beach is dramatic and not for the faint hearted. The cliffs surrounding the beach are some of the tallest on the north coast. There are steps from the top of the cliffs, which descend at a very steep angle; they are also a little uneven so ensure you use the handrails, as you would not want to fail here! Once you arrive down on the beach itself you realise that although the access is difficult this helps in keeping the crowds away."
Did you use the handrail?
Did you use the handrail?
hello andyvon i sympathise with people in Stoke Mandeville it's tragic. I nursed my Mother for the last 3 years of her life when she was in a wheelchair, so i know all about people with real injuries, hope you are pleased with yourself for bringing that all back to me. and all because i put in a compensation claim. actually i didn't get up and walk away. was taken by stretcher to hospital with head,wrist and ankle injury. and,was unable to work for several weeks , and, no i am not looking for sympathy. I just want to set record straight, but no chance of that as it is obvious what the majority of you think about me.