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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To sue for personal injury?

100 replies

PhilomenaBunk · 30/01/2018 16:44

On Saturday I went to spectate at my ds's sporting event.
We were advised by the basketball coaches that the toilets had flooded and we'd have to use the outside toilets (weather was rotten all weekend) the side of the court got really drenched and unknown to me was very slippery.
During half time I went to leave the court (I was dressed casually with training shoes on) and didn't see the water on the side and skidded, smashing my head on the wall and knocking myself out Shock
I've ended up with a badly fractured leg, broken wrist and concussion.

I'm devastated as I just started up my own business which is physical , I'm completely immobile-my husband has had to take 2 weeks holiday from work then my sisters will move in with me to help out with my 3 children. I've been told the minimum time I'll be on my feet is 4 months.

I'm not sure what the right thing is to do, obviously it's early days and I'm in agony. I don't know how we're going to be able to manage taxi fees to 3 school, flights for one sister and the loss of income to me etc.

Any advice gladly welcomed.

OP posts:
Rebeccaslicker · 30/01/2018 16:46

You need a personal injury solicitor, OP. Try and find a good local one? They'll be able to advise on liability, quantum etc.

mumpoints · 30/01/2018 16:47

Ouch!

Didn't want to read and run but know nothing about your predicament, sorry. Who would you sue though? If you didn't see the water and slipped on it, it's just an accident isn't it? No one was negligent in making it rain.

Wishing you well with your recovery.

Original poster
PhilomenaBunk · 30/01/2018 16:48

What does quantum mean.
It'd be too risky as we don't have the money upfront but I'm very wary of the no win/ no fee as I understood some unscrupulous lawyers take all the damages for themselves Confused

OP posts:
Yambabe · 30/01/2018 16:49

Who would you sue?

While I'm sympathetic to your plight I don't really see that this was anything more than an unfortunate accident due to poor weather conditions. I see nothing to indicate any negligence by any other party.

Yambabe · 30/01/2018 16:49

Xpost mumpoints! Smile

Original poster
PhilomenaBunk · 30/01/2018 16:50

Mumpoints- a parent who helped me noticed there were no door mats at either entrance and many people had fallen, slid on the water that was being traipsed in. She took photos on both entrances.

OP posts:
Original poster
PhilomenaBunk · 30/01/2018 16:50

Thank you.

OP posts:
OnionKnight · 30/01/2018 16:50

Who would you sue? It was an accident.

Not everything can be blamed on someone.

Jigglytuff · 30/01/2018 16:51

Do you have insurance for your business in case you can’t work?

taskmaster · 30/01/2018 16:52

Why ask who she would sue? The owners of the building, obviously, who have a health and safety liability to deal with spills, floods etc so that people do not get badly injured on their premises. They have insurance for this too.

Rebeccaslicker · 30/01/2018 16:52

Sorry, the quantum is the amount of the claim, i.e. The value.

They'd be looking at things like who owns the venue, how did the water come to be there, was it clearly signposted etc. They'd then form a view on whether they owe you a duty of care and whether it was breached and whether you suffered a loss as a consequence of that breach. It the answer to all three questions is yes, they'll say you have a claim, we estimate it's worth £X. They'll then write to the owner/its insurer to get the ball rolling.

I hear what you say, but it's not really easy to do yourself; you do need a lawyer. You'd need to check the no win/no fee provisions carefully. And also bear in mind that IF you lost, whilst you wouldn't pay your own solicitors' costs (you'd still pay court fee, expert fee etc), you could be ordered to pay the costs of the other side.

Nicknacky · 30/01/2018 16:52

What an awful injury, poor you. Can you prove negligence really though? We can't expect all floors to be covered in mats when it rains. But it's hard to picture the area, I have an image in my head but it could be totally wrong!

But you have nothing to lose speaking to a solicitor and see what they think.

MatildaTheCat · 30/01/2018 16:52

Difficult to know on that much information. It would be unlikely that such a large claim would be settled quickly so for the time being you need to find the money to pay for all of these expenses regardless.

Keep all of your receipts and a list of items purchased, trips to hospital etc. Check your household insurance for legal cover. Then approach a reputable legal firm and ask for an investigation into a possible claim.

I hope you recover quickly.

Redglitter · 30/01/2018 16:53

Sounds like it's been a nasty accident but I can't see who you could sue. I wouldn't have thought the venue could be responsible for people bringing in a bit of rain when the weather was as you said dreadful. Had they been made aware someone else had fallen??

As Onion said not everything is someone's fault

AlpacaLypse · 30/01/2018 16:55

The venue will have (or should have) public liability insurance for this sort of disaster. This isn't a case of invented whiplash, this is broken bones. My reading of the events surrounding the accident was that there was water making a floor slippery with no warning given - was it actually an indoor surface OP?

Strangely enough I am about to go on Money Saving Expert to check out no win no fee lawyers as I also have lost a lot of money due to broken bones that were not my fault.

makeourfuture · 30/01/2018 16:55

Not everything can be blamed on someone.

It's not about blame but about duty of care. See a solicitor.

AlpacaLypse · 30/01/2018 16:56

loads of xposts!

Rebeccaslicker · 30/01/2018 16:56

You can absolutely be liable for what happens to people on your premises. But each case will depend entirely on its own facts. That's why OP needs a lawyer.

numbereightyone · 30/01/2018 16:57

Ignore the people who are saying 'who would you sue?' You may have a claim so I would suggest looking for a reputable personal injury solicitor.

Original poster
PhilomenaBunk · 30/01/2018 16:58

Thank you. I am so devastated- I've always been so fit and healthy so being carried around and bedbound is very hard to cope with and faking I'm fine for the SC and my recovery sounds so hideously slow ( forgive the pity party)

Nothing was signed, only have insurance which covers me whilst I'm working (which I wasn't)

DH's spoken to a friend who suggested we use a well known firm.

OP posts:
KimmySchmidt1 · 30/01/2018 17:00

Local education authority are responsible if its a schoolS. They will have insurance. It is worth going to see a solicitor who will act on a no win no fee basis.

Like all things involving money, make sure you commit time and thought to seriously reading your engagement letter with the solicitor, (take it home with you not on the spot!) circling anything you don’t understand and making sure they explain those things to you. Make sure you understand:

What outcomes count as a ‘ win’ that trigger a ‘fee’ (eg if you claim £15k and the defendants offer £5k do you have to accept that offer? Does that count as a win that triggers your liability to pay your solicitor?

What % of the claim money you are offered do they take? What else comes out of it before you get your take home amount?

Really think it through and then you won’t be disappointed or surprised with the outcome.

Original poster
PhilomenaBunk · 30/01/2018 17:01

I will keep all receipts. Dsis's plane ticket is £800 alone Sad

OP posts:
JontyDoggle37 · 30/01/2018 17:02

You should have insurance that protects your income if you can’t work. DH and I are both self-employed and both have it. Statistically, the likelihood of you being injured at working (assuming 7 hour days) are far smaller than the likliehood of getting injured doing something else in the other 17 hours....so you need proper insurance cover. I realise that doesn’t help you now, but I’m not sure suing a small sports club because you didn’t look at the ground is right either......you had an accident, a nasty one, for which I’m very sorry and offer my sympathies Flowers

AlmostAJillSandwich · 30/01/2018 17:04

don't use Swift lawyers, e did after a car crash, they were so rubbish. Their fee was also 25%

ApocalypseNowt · 30/01/2018 17:05

The circumstances sound like there would be grounds for a claim. People were being directed to use outside toilets thereby making it reasonably foreseeable that more rain would be walked in. There were no mats or wet floor signs and others had already slipped. I think based on those circs it would be agreed that their duty of care had been breached.

I work in underwriting not claims btw.

You don't have to use a solicitor at all either and the insurance company are duty bound to treat you fairly. Reminds me of a recent claim where a chap claimed himself (similar circs but different injury) and we paid out.

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