Personal injury claim against local authority. Is it worth the hassle?

[sandinmybellybutton]

So, best to explain from the outset, I am a complementary therapist and if I can't use my hands am pretty much snookered...

Sunday just past, Mr and I took the kids swimming to our local council pool. First time we'd been in around 9 months and noticed that a new sauna and steam room had been installed at the side of the pool. Had a wee swim around then went for a nosey at the sauna. Opening the door I noticed there were no mats or any kind of non-slip surface in the floor (basically just a flat stone surface) also no signs saying take care as floor may be slippy. After 10 mins, I'd had enough and it was full of blokes so went to leave. Got as far as the door and then the next thing I knew someone was picking me up off the floor. My arse was stinging but apart from that thought I was ok. Tried to get back in the pool and realised I couldn't use my left arm, from the elbow down was agony. Mr had gone into the sauna at this point and as I looked up for him I noticed another guy slipping and falling. Mr came out commenting that the floor was like "an effing ice rink" and by this pint I'd started to feel really unwell so we got the kids and went to change.

I spoke to someone at reception who logged the incident and assured me someone would call me within a day or so. They haven't. Went to A&E as the pain was pretty bad by this stage, x-ray showed no break so advised it was a bad sprain. So I'm wearing a splint and on ibuprofen. Nurse at A&E said it should feel better within a week but could take a lot longer to regain full use.

I'm not the type to automatically think of £££ but am really worried about possible long term effects of this and how it could affect my livelihood. I bumped into an acquaintance yesterday who works for the council and she said I should definitely be making a claim against them. My employer has been great and I've taken this week off, I've suggested going in next week to help out in the office but God knows when I'll be able to see clients again.

Does anyone have experience of taking action against a local authority or council? Did you do it yourself or use one of these "No win/No fee" personal injury lawyers?

I don't think it's a good idea without asking the pool manager about it further. If the x rays have established no fractures or breaks then you would have difficulty proving anything. Have you contacted the leisure centre again?

Btw no win no fee outfits are almost always highly unprofessional chancers with very poor knowledge of the law.

Write a letter to the council about it to the insurance section so that they can investigate your claim and take appropriate action.

if you start to use one of those nowinnofee people, and then change your mind about going to court, they can bill you in full

what has this injury actually cost you financially?

also, why would it be the local authority you take to court, not the owners of the leisure facilities?

I used the legal cover on my house insurance to make a personal injury claim and they used Irwin Mitchell who were excellent. I had to phone my insurers, give them the story and they then decided whether it was a claim they were willing to progress. So if you have legal cover, why not give them a ring and be guided by what they say?

Do you really need to be told to take care on a slippery floor?

I doubt you would get anywhere, to be honest, my friends little boy lost his little finger in the hinge of a door at the local swimming pool. They took legal advice, but were told doors have hinges, deal with it. I think you would be told we floors are slippery, deal with it.

Not been back in contact with the pool yet. I have a feeling they will deny there having been other incidents anyway.

I have evidence that I attended A&E the nurse could see my arm was visibly swollen. And the accident was also logged with the pool staff. Was going to try and get a GPs appointment this week as it's pretty badly bruised and just to get a second opinion and also to keep my employer informed.

My ds ripped the side of his mouth open at a council park on a metal seat.
Council said as nobody else had ever complained they would not accept the seat was at fault - despite photos.
Solicitors said as they would not accept blame I had no case.
Ds 3 yo is scarred for life on his beautiful little face.

What do you think the long term effects of a sprain are going to be

But you noticed the floor was slippery. Would a sign up of that effect have made the pain in your arm any less?

You would have to prove negligence. Accidents happen, you knew the floor was slippery but chose to go in the sauna anyway.

Clairetree- As yet, it's not cost me anything but given my job involves massaging up to 20 people a week I'm concerned about how this injury could impact my ability to work. That's awful abour your friends little boy. It's a council gym btw which is why any action would be against them.

PiffPaffPoff - thanks for that suggestion. I'll look into that.

The GoldenWoofFleece - Congratulations on the first smart arse comment in the thread. I was walking out, taking my time carefully. Not doing a hand stand or sprinting to the door.

Name change- well it all depends on how bad a sprain it is really doesn't it. A 2nd or 3rd degree sprain where a number if ligaments have been damaged or torn will take significantly longer to heal than a 1st degree injury.

April- that's awful. So sorry to hear that.