Not to pursue an accident claim

[user87382294757]

I'm being advised by a family member I have a case for an accident claim over our holiday at half term. I think it is OTT and not want to do this. I'll explain.

We were at a National Trust beach cafe at the half term and I spilled hot tea over myself resulting in a nasty scald to the foot with blisters, needed bandaging an first aid, they were good and helped with calling it down and were advised to go to the local minor injuries and burns unit where it was bandaged, needed to go back daily for it to be re-dressed and now having apps at home again, it seems to be a nasty one.

A family member says I would claim against the NT, as I asked for a tea with milk and they gave me a scalding hot takeaway cup with a sealed lid (it was when i took the lid off to add milk it went everywhere). I think, yes this was not helpful but I don't think that would be negligent. Also the stress and fuss of it all and feeling about it in general. AIBU?

I'd be inclined not to unless you lost a significant amount of money because of the injury.

You spilled the tea over yourself?

Yes, I opened the lid and spilled it, so i kind of think how are they in the wrong? I guess if they added milk first like I'd asked for this wouldn;t have happened. But there we go.

I'm glad I had jeans and a thick-ish top on or it could have been horrible. It must have been straight off one of those boilers.

To claim would be ridiculous

Family member is a nob. Store that information for future dealings with them.

(Is it my FIL?)

Whew. Yes- they have been saying about it it in my medical records etc. I'm quite anxious anyway and would hate the thought of going through something like that. Fair enough if had caused lifelong problems through some real danger / risk but this was just a cup of tea!

If the lid was on the cup properly when they handed it over and you then spilled it when you opened it then they're not liable at all.

Also, you still could've been burnt with milk in the tea , it doesn't cool it down enough to prevent a burn.

As the commonly used saying (unfortunately) goes “where there’s blame there’s a claim”

Who is to blame for your burn? Who caused the burn? Who spilt the tea?
Well you did.

If a waitress has spilt the tea when bringing it to the table I could see the reasoning, although I would still think making a claim unnecessary, but you were the one who was not careful when removing the lid of the cup and spilt the hot drink inside.

The only person responsible for the accident is you.

Your argument that they should have put milk into the tea as you ask is moot, I’ve never known a cafe or take away kiosk to ever put milk into a tea for you, there is always somewhere to do it yourself.

To make a claim for compensation you have to be able to prove your accident was caused as a direct result of negligence or intentional action, but it wasn’t, there was nothing the staff could have done to prevent you removing the lid of the cup in a way that caused the tea to spill, so you don’t have a claim against them.

It’s horrible that you were injured, I had a similar scalding burn to my foot two years ago, it was horrific and it took almost a year to heal, so I can completely empathise with your situation, but you don’t have a claim against the NT.

Some people want to claim for anything, regardless of who was at fault. They won't take responsibility and all they see are £ signs.

It's the reason almost 70,000 of us will be out of jobs by the end of 2020.

I don't think, if I were in your position, I'd make a claim. It was, what sounds like, a very nasty accident. Hope you're recovering OP

I work in this field and I don't think you have a case. If the cup wasn't faulty it isn't their fault.

They handed you a hot cup of tea with a secure lid. You then opened the lid and spilt tea on yourself? How is this anybody's fault. Surely it was just an accident. A lot of places you have to add your own milk. I really dont understand what they think you can claim for? Tea being hot?

I can see where your relative is coming frim (if you are the kind of person that thinks 'claim' at every accident in life) if you asked for milk AND its a setting where this request could be carried out -but as I think its more likely that its a setting where everyone is supposed to add their own milk, they are talking nonsense, and regardless I cant see you getting compensation for it either way. Now if you lived in Ireland you probably would be successful in a claim, the culture of claiming and being awarded compensation is insanse. Goggle 'Maria Bailey swing' for the latest claim saga to hit headlines here....shes withdrawn her case thankfully because people are so outraged over it.

My son got a gash to his head at a new council run play park, I went up to the office to look for the first aid box and the woman on duty was so aggressive and rude, I was only concerned about my son but she assumed I'd come to accuse them and make a complaint! I only wanted a steri strip or similar. I'm glad you got better treatment but no don't claim.

Tell you what, by all means make a claim but get your (bonkers) family member to represent you as they obviously fancy themselves as a SHL - they can do it on a no win no fee basis .

You split the tea, there is no reason for you to make a claim.

I won't be making a claim. I'm looking for a way to tell the person that. I can say now there is not claim.

Thanks for mentioning the scald, it is pretty bad, sorry to hear of others also. The NHS burns place was very helpful though as were the first aid staff at the NT. I didn't realise how bad a scald from a cup of tea could be.

@mummystruggles - where are the 70k job losses from?

OP hope you are recovering .

I fell down wet tiled steps at work and broke my foot, they steps have since had anti slip strips added - I was also advised to claim by many people.

I go to a couple of NT cafes regularly and they never put the milk in for you. You asked tea with milk, that means they supply both not necessarily that they do it for you! Milk
In tea is one those things everyone likes different amounts of so it's an entirely reasonable policy for you to put your milk in yourself

Going got see the nurse to get bandages changed later. I have sent email to NT in case they want to change anything like put milk in at the checkout before adding lids, and thanking them for the help with the first aid. Have to walk to school later which will be a pain but sure it will get better with time.

I won't be making a claim. I'm looking for a way to tell the person that.

Why is it any of their business?

I understand a woman in the US successfully sued MacDonalds when she was scalded by a black coffee. The o for that the water used was too hot and was an accident waiting to happen . Her burns were very severe

And then they'll have complaints that people want their tea stronger or weaker. People like to add their own milk

PS forgot to mention the coffee was spilt when the customer removed the lid.

I prefer to add my own milk as I like it really strong and it's always weak when the servers add it.