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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:
Cosmic123 · 30/01/2018 17:06

www.citizensadvice.org.uk/law-and-courts/personal-injuries/

Citizens advice have a good fact sheet

Riverside2 · 30/01/2018 17:07

I am not a lawyer but just to say in your situation I woukd also be checking out legal options. After getting an idea I'd approach the venue and see if they will settle though.

All good wishes for your recovery Flowers

That1950sMum · 30/01/2018 17:08

Sounds like a horrible injury and I really feel for you, but you have said it was raining and you had already been warned about flooding in other areas. You didn't see the water and slipped. Just an accident.

FannyWisdom · 30/01/2018 17:08

Legal cover on any household or car policies?

expatinscotland · 30/01/2018 17:15

As long as you keep in mind that if you lose the claim, you could be looking at a really hefty debt.

ShastaTrinity · 30/01/2018 17:16

I find this thread so depressing.

I completely sympathize with the OP being in pain and in a very long recovery. That was a hell of a fall.

However, it rains, the floor got slippery, I do find it sad that the first thing people think about is suing someone. This is the exact reason my kids are not even allowed to play on a field when it's frosty or god forbid snowy, the school simply cannot take the risk.
This is the reason why councils are cutting down trees because a branch could fall on someone.

It's very sad that we are allowed to sue for everything nowadays.

ObscuredbyFog · 30/01/2018 17:17

Dsis's plane ticket is £800 alone

Don't know if you'll be able to claim for that, although the cost of private carers soon adds up.

SheGotBetteDavisEyes · 30/01/2018 17:17

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

This ^^. If the accident was preventable, then you may well have a case against the owners of the building.

Was the drainage adequate? Was the surface too slippery in the rain? Have there been previous accidents? Is there an accident book logging them? Were the owners on notice that the area was potentially dangerous?

All these points and more are why you need a lawyer OP.

Yes, it was an accident. But it might have been completely preventable. If it was a scratch or bruise, then forget it, but the injuries are significant enough to seek advice.

Original poster
PhilomenaBunk · 30/01/2018 17:19

I already checked no car/house /banks account legal cover

OP posts:
Hoppinggreen · 30/01/2018 17:19

Normally I would say no but it sounds like you will lose out financially and the venue will probably have liability insurance. However, as your business is new I don’t know how you would prove how much £ you would lose unless you have contracts in place

Heartbroken47 · 30/01/2018 17:22

Try checking your home insurance, car insurance etc to see if legal expenses cover is added.
I found it on ours and my husband was able to get free legal representation at an employment tribunal.
Best of luck

Rebeccaslicker · 30/01/2018 17:22

I think it would be risky to pursue a claim without a lawyer. The venue should have insurance - but the OP doesn't say what sort of venue it is - but might not do. The time it would take to research everything, write the right letters, draft the court stuff etc, plus the risk of getting it wrong and then having to pay their costs is just too great IMO.

makeourfuture · 30/01/2018 17:24

I think it would be risky to pursue a claim without a lawyer.

Absolutely. Just get a solicitor.

clarrylove · 30/01/2018 17:28

Does the basketball club (rather than the venue) have public liability? I can imagine that any type of claim might cripple them though, could close club down/lose facilities and could cause bad feeling. Not that that should matter, but something to be wary of.

barefoofdoctor · 30/01/2018 17:28

I thought the premesis were only liable in this instance if they were aware the floor was wet and thus a slipping hazard? Had someone reported the problem prior to your fall and have you proof of This? Can you claim WAS OP?

Original poster
PhilomenaBunk · 30/01/2018 17:28

It was an indoor sports hall

OP posts:
Violetrose123 · 30/01/2018 17:29

Are you a member of a professional body/union who may have legal cover for members?

This may be a lengthy process, particularly if the insurer does not admit liability straight away.

MatildaTheCat · 30/01/2018 17:30

Talk to a reputable solicitor and they will explain options on funding your claim. There is something called a conditional fee agreement. The solicitor works for free on the basis that they believe they will win then claims legal expenses from the person or organisation you claim from.

The solicitor takes out an insurance policy to cover the possibility of losing the claim. This means you don’t have to give up a portion of your compensation as a fee to your legal team.

I hope that makes sense? A conditional fee agreement has taken me through a very long and expensive claim. Obviously the legal team will only take the case if they believe you will win.

As I said upthread none of this helps with the here and now since these claims can take years to settle.

Original poster
PhilomenaBunk · 30/01/2018 17:31

One of the people helping out who phoned for an abulance told me (in front of other people helping) "I knew this would happen, I went over myself- thank god it wasn't a child that was hurt"

She also offered to write a statement when she learned of my injuries (she contacted me through my DS)

OP posts:
barefoofdoctor · 30/01/2018 17:31

*and did nothing about it despite knowing.

OOOOOOOOOOO · 30/01/2018 17:33

What type of organisation owns the business and or the buildings?

Have you reported the accident to the relevant health and safety enforcing authority which is either the council (environmental health) or the Health and Saftey executive?

I hate, hate, hate the culture of claiming for accidents but in some circumstances it is justified. I suspect this might be one of those cases.

retirednow · 30/01/2018 17:34

Who is responsible for the sports hall and it's maintenance. We're there any warning signs up about it being slippery. I fell at work on a wet floor, they were entirely at fault and it took three years to settle a nominal amount.

OOOOOOOOOOO · 30/01/2018 17:35

One of the people helping out who phoned for an abulance told me (in front of other people helping) "I knew this would happen, I went over myself- thank god it wasn't a child that was hurt"

Doh, bit daft of them to have thought it but not done anything about it, 😕

Piffpaffpoff · 30/01/2018 17:36

I had insurance cover on my house policy and used that after an accident. . If you have that, call them and speak to their insurers. They will decide whether you have a reasonable chance at a claim.

Viviennemary · 30/01/2018 17:38

Sue if you want to. Plenty of people have sued for less. They should have insurance to cover this. It's easier to go through no win no fee and then it won't cost you anything.

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