To sue for personal injury?

[PhilomenaBunk]

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
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.

As another poster has mentioned you may be able to get legal advice through your own or your partner's union. Use a reliable firm - many of the claims processors advertised on t.v. etc. only want to process claims quickly so they can get paid and won't necessarily do the the best job they could for you.

Occupier’s Liability Act 1957, duty of care. You would sue the owner of the building I think, but it may be another party depending on what contracts are in place for maintenance. You need to speak to a solicitor.

Vivienne - as I said upthread, please don't believe that!! It's not a case of lose, pay not a penny. You will still incur:

• court fees
• disbursements (e.g. barrister's fees)
• a proportion of the other side's fees if you lose

Unless it's a "small claim", in which case costs aren't awarded, it's still a risk. That's why you need a sensible lawyer, to tell you whether the case is strong enough to outweigh that risk!

However, it rains, the floor got slippery, I do find it sad that the first thing people think about is suing someone.

Why on earth do you think people have insurance? What would you say if I said that about car accidents? That people should just accept injuries and damage to their property because it was an accident. The OP has been badly injured and suffered financial loss. The owner of the building sounds negligent by failing to take steps to protect against a foreseeable accident. The owner has public liability insurance to cover against things like this. Why should the OP have to suffer significant financial loss when there is insurance there just because you have some romanticised notion about people just accepting their bad lot in life? Bet you wouldn't be piping that tune if it was you injured and unable to work.

were only liable in this instance if they were aware the floor was wet

Common misconception. Damage must be of a kind which was foreseeable. Not known, but foreseeable.

I used Irwin Mitchel when I had to make a claim. I had a broken limb and months of physio due to the nerve damage I sustained. I was paid through work for ongoing sick leave (which they claimed back too, and were thankful for it) but had a lot of expenses such as cab fare where I was unable to access public transport as a result of injury and having to hire outside help to do things I simply couldn’t like bathing my child.
They took a percentage, but I was more than happy with what I received, it was a fair amount which meant my debts accrued in the healing time were able to be paid off

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

We're not allowed to sue for everything these days. The whole compensation culture thing is a complete myth. No doubt perpetuated by people insisting we can sue for everything these days statements.

I do find it sad that the first thing people think about is suing someone

This weekend I slipped at the supermarket, some twat had managed to get a big skidmark of butter on the floor and left it there. But I'm sure no-one did it on purpose to hurt me so I limped home and didn't say anything.

The OP was knocked unconscious and broke bones! Her family will lose out on her income. This all could have been prevented if the people in charge of the building that day had put down some mats, or even some signs. They were negligent. Other people had fallen too. The OP definitely has a case here. This is not "I broke my tooth on your frozen pizzas, give me money" this is a genuine claim.

SusanBunch

Interestingly enough, in this country if someone damages something in YOUR property, YOU are the one responsible and have to claim on YOUR insurance (and pay the excess). I don't think that's fair.

If something happens because YOU were negligent, then indeed YOU should be responsible. Suing someone because it was slippery because it WAS RAINING is over the top. You might as well sue God or Allah or Brahma for sending rain.

So next time it rains, let's close schools, hospitals, council buildings of any kind to prevent possible injury. Who has some romanticised notion here?

I would seek the advice from a solictor. They will be able to advise you better than anyone can about where you go from here

Occupier’s Liability Act 1957

I get that one and the 84 switched around....

The venue will have public liability insurance.

Do you have legal cover on your home insurance? We do, and had absolutely no idea we had it until we had to use it.

Where did she fly from for it to cost that much.

Did you tell her to go first class as you will get the $$$ back from your claim

There's a reason 'wet floor' signs were invented....

Interestingly enough, in this country if someone damages something in YOUR property, YOU are the one responsible and have to claim on YOUR insurance (and pay the excess). I don't think that's fair.

Well yes, because you have insurance that covers accidental damage and people do not tend to have insurance covering general damage to other people's property, so you have no option but to claim on the insurance.

If something happens because YOU were negligent, then indeed YOU should be responsible. Suing someone because it was slippery because it WAS RAINING is over the top. You might as well sue God or Allah or Brahma for sending rain.

Yes, the OP will only be able to claim if the owner was negligent. She is not claiming because it was raining, but because the owner could have foreseen that it would be dangerous, but did not warn anyone or put any protective measures in place. That is not the same as suing someone because it rained.

Suing someone because it was slippery because it WAS RAINING is over the top. You might as well sue God or Allah or Brahma for sending rain.

It's not unreasonable to think that you can use the public loos at a sporting facility without risk of slipping, concussion and broken bones. The people who work there/own the facility would have procedures in place to at least warn of risk if not minimize it. Other parents had already fallen so it's not like it was a fluke one in a million accident. One "WARNING - SLIPPERY" sign could have made all the difference.

@makeourfuture The Occupier's Liability Act 1984 applies to trespassers, doesn't it?

You need to contact a solicitor who deals with personal injury claims. You should be able to instruct someone on a no win no fee arrangement (conditional fee agreement or CFA). That means that you will not be liable to pay any costs if you lose. If you win you may (depending upon your arrangement with the solicitor) have to pay any uplift on your own costs out of your damages but that is capped (note - not a flat rate but capped) at a maximum of 25% of past losses and whatever you are awarded for pain suffering and loss of amenity. Unless you are found to have been fundamentally dishonest or the claim is struck out you will not be liable for the other sides costs following the costs reforms in LASPO in April 2013. If you fail to beat an offer that the other side have made you may be liable for costs but only up to the maximum of your damages and you can take out ATE insurance to cover you against that possibility.
No one here can tell you whether or not you have a good case as it depends on all the facts and whether or not there is any insurance / the defendant is good for the money. However, bearing in mind the serious nature of your injuries together with the financial effects I would strongly urge you to contact a solicitor and seek legal advice.

Vivienne - as I said upthread, please don't believe that!! It's not a case of lose, pay not a penny. You will still incur:

*- court fees

• disbursements (e.g. barrister's fees)
• a proportion of the other side's fees if you lose*

Unless it's a "small claim", in which case costs aren't awarded, it's still a risk. That's why you need a sensible lawyer, to tell you whether the case is strong enough to outweigh that risk!

Not entirely true. If you get as far as Court (and a HUGE majority of PI claims don't) and lose, as long as it was reasonable to have gone to Court (prospects were 51% or above) the ATE policy will pay for the disbursement's, such as Court fees, medical exam etc. The barrister should work on a CFA and will write off their fees if you lose.

QUOCS (Qualified One Way Cost Shifting) now applies. Unless you've been fundamentally dishonest (and this is what the Judge decides, not just made as an allegation) or one of a tiny handful of exceptions applies (such as it wasn't reasonable to pursue a particular Defendant) then you don't pay Defendants' costs when you lose.

My advice: speak to a personal injury solicitor. They'll submit your claim and if liability is denied, they'll get disclosure from the other side and then assess your prospects of success based on the other side's supporting documentation / your evidence. If it's admitted you'll be sent to a medical expert(s) for a report(s) to be produced on your injuries.

Occupiers' Liability claims are rarely rushed. It's not possible as a rule due to the nature of arguments raised. They drag on a bit!

Instruct a solicitor and go from there. If as you say there are pictures surrounding the area which didn't have appropriate signage and or drainage and matting then you do have a point.
Presumably you are in the UK? If this was the U.S. there would be no doubt about it - you'd have been on the phone with a lawyer before getting back home.

Cross post with nork there!

NoWordForFluffy is spot on and has probably given you all of the information you could need at this stage.

Call a solicitor, get the ball rolling. If you let us know the area in which you're based, we may be able to make suggestions.

Hope you get on the mend soon, OP.

It depends on whether the surface that you slippedbin was safety complaint/how stupid you were. Honestly this just sounds like a freak accident to me. To the point where I am finding it quite difficult to believe you (unless you have some underlying condition that made your very severe injuries possible). The maw of equity is always a bit hard to rely on. If you do choose to survive ready to incur costs.

All public venues should be closed if there is a possibility of rain. Human beings are not intelligent enough to know that rain makes surfaces slippy. Hopefully the basketball coaches are bankrupted and lose their houses for being so negligent in advising people to use toilets on the venue when they knew full well it had been raining.

As others have said, see a solicitor with a proposal for a CFA aka conditional fee arrangement. If they think it will fly, they will take it on. If they think its a loser, they wont as they will think they will get no money out of it.

Make sure if you sign a CFA that you are paying for an insurance policy to cover fees should it all turn shitty and you become liable for costs.