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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To persue legal action?

72 replies

Poltergeister · 06/09/2019 18:05

I was injured last year while taking part in a hobby. I had broken bones and muscle damage - I'm still under physio now. I had to have 4 weeks off work and then 4 weeks of phased return, but luckily my sick pay covered this.
I had raised concerns about the way the lesson was going before I was injured but I was told I was being daft. I tried telling them I didn't feel comfortable with what we were doing but it was dismissed. After I was hurt I had no first aid and no paperwork was filled out. When I updated them later that I was significantly injured they weren't particularly bothered and I've never heard from them again.
I'd spoke to a solicitor to get advice on whether this is something worth persuing - mainly because I'd like to put them off continuing the way they are and this happening to someone else (I am not the only person I know to have been injured there).
The solicitors have reviewed it and believe I have a case and would like to take it on on a no win, no fee basis. Its assumed they are correctly insured so any claim would come from that.

But I feel terrible!
I'm worried about any backlash from the people who run the company, and I worry that maybe I'm an awful person or a money grabber.

Am I unreasonable to instruct the solicitor to take on the case?

OP posts:

Templetonstunafish · 06/09/2019 18:07

I would say it depends on the activity- was there a reasonable expectation of injury (horse riding for example) or should it never be at all dangerous (yoga?). IYSWIM.

CoraPirbright · 06/09/2019 18:08

Sounds like they play fast and loose with health and safety so I wouldn’t assume they have insurance!

If you are worried about money-grabbing, you could cover your expenses and they make it known that you are giving the rest to a charity.

I don’t usually like litigious actions but given that you repeatedly voiced your concerns and they didnt follow correct procedures, I’d let them have it both barrels!

Abibranning · 06/09/2019 18:10

Also what are you hoping to get as you don't have any loss of earnings. If it's to stop it happening to someone else, then please do it.

eladen · 06/09/2019 18:11

Are we talking a high risk activity like horse riding or sky diving or skiing?

Ultimately, you were not forced to continue the lesson if you were not comfortable, were you?

If you risk assessed, weren't happy, but carried on anyway I think that's on you. Based on what you've described.

endofthelinefinally · 06/09/2019 18:11

I would.
I was injured in a public building and did eventually get some compensation. It has covered the cost of physio that I could not get on the NHS because of rationing. It took 3 years though.

LIZS · 06/09/2019 18:13

Did you sign a liability waiver? You could complain first to whatever association they claim affiliation to or HSE .

Mouikey · 06/09/2019 18:13

Given the circumstances YANBU - you raised concerns but they continued. The only thing I would say is why did you continue if you were worried? What was the activity?

To be honest, the fact that they didn’t bother following up when you were injured, take an accident report or appear remotely bothered would mean I wouldn’t feel a shred of guilt for taking leagal action. Had they phoned to see how you were I may have come to a different view.

NoBaggyPants · 06/09/2019 18:13

Why did you continue with an activity that you knew was dangerous?

QuestionableMouse · 06/09/2019 18:14

It would help if you said which sport and if the instructor had proven qualifications in said sport.

RedHelenB · 06/09/2019 18:16

Where's your personal responsibility to stop if something was hurting/ you didnt feel comfortable doing it?

Yes the solicitor will take it on and hope the insurance offer something rather than gave a court case. We re getting more lihe America by the day.

Knitclubchatter · 06/09/2019 18:16

did you sign a waiver? even my local (home business) yoga practitioner has clients sign a release form. Same at high risk trampoline park, gymnastics club and horse ranch.
did you ignore instructions to go at your own pace and or modify what you were doing to suit your abilities?
if you had concerns why did you continue on with the activity?

eladen · 06/09/2019 18:17

Choosing to take part in a risky activity and being injured is not the same as having an accident in a public building due to poor maintenance or whatever.

You need to tell us the activity and what specifically you continued doing despite having concerns. Otherwise we can only reply based on random other scenarios we are conjuring up.

I struggle to see how a court would decide it wasn't you who was negligent by continuing, though.

DoctorAllcome · 06/09/2019 18:18

If a lawyer has reviewed the facts and thinks you have a case, you should go ahead with it. What if you had died? Or been paralyzed? That could happen to someone if they are allowed to just carry on.
I don’t care if you were standing on the back of a horse while jumping through flaming hoops..even dangerous hobbies have safety measures. Too, they should not have pushed you beyond what you personally felt safe doing.
Don’t feel bad. They deliberately endangered you and are doing it to others.

BitOftheSea · 06/09/2019 18:20

Totally depends on what happened, what the risks were and whether you were behaving reasonably yourself. Something like a trampoline park or horse riding you know there’s a risk of injury. In principle though, if you have costs through something they did it’s reasonable to ask for compensation. It would probably be covered by their insurance anyway.

Geminijes · 06/09/2019 18:20

Was it trampolining?

I'm surprised you continued the activity when you had reservations of your safety.

If you feel the organisers were entirely to blame for your injuries then go ahead and sue.

DoctorAllcome · 06/09/2019 18:21

I am not sure how posters are determining that you are liable or negligent when a lawyer has already reviewed the case and come to the opposite conclusion! In addition, a no win, no fee set up means a lawyer is not going to waste their time on a loser of a case.

Greyhound22 · 06/09/2019 18:24

I don't agree that if it was a high risk sport whatever happens is the OP's own risk.

I am a horse riding instructor and would never push anyone past what they were comfortable with - you have to get the correct balance between pushing people so they challenge themselves and knowing when they are getting frightened and not enjoying it.

It may well have been above the OP's ability if she was expressing concern and they still pushed her on resulting in an injury. You need to know when to stop.

What did you actually say to them OP? Did you say 'I don't want to do that' or along those lines? Had you been truthful in your ability?

NanooCov · 06/09/2019 18:26

I would pursue it. They should have insurance and it sounds like they failed to report the accident as a reportable incident to the HSE so they clearly need to take health and safety more seriously. This may be the prod they need.

eladen · 06/09/2019 18:34

Mneh, they could be just taking a gamble on an insurer paying out to make it go away.

It's really hard to make a case against a third party for negligence. The bar is high, and it will be considered the degree to which the op was responsible or contributed to the outcome.

I'm not actually saying I think it was "all the op's fault" or whatever, I'm just thinking about the legal tests that would be applied in such a case. The context is relevant.

If the concern is protecting others, then following up with regulators might be much more effective (and consume less of your life, op), depending on what the activity is etc.

AmIThough · 06/09/2019 18:36

You're an adult who felt uncomfortable with completing an activity but carried on with it anyway?
I don't know where you stand legally but you need to learn to stand up for yourself and not do anything that makes you feel uncomfortable.

Original poster

Poltergeister · 06/09/2019 18:39

It was horse riding as a few have guessed - I know that immediately makes some people believe I deserve the injury but hear me out.

I had been riding less than a year. I was put on a young, massive horse and when I asked if she was going to be too much for me I was told no. They knew my ability and I had only ever ridden with them. After the warm up I told the instructor I didn't want to canter because I didn't feel in control. Instructor told me I had to because everyone else in the lesson was and told me I was being ridiculous and that they knew what they were doing and I needed to trust them and listen to them if I wanted to be more confident and get better. I couldn't have got off without help from them as the horse was so big and as it was a group lesson the lesson was continuing around me limiting my ability to stop and get off. The horse was responding to the instructions shouted by the instructor which limited my control of what I was doing.

10 minutes later the horse bolted with me and I was thrown off. I was blamed for it because apparently my lack of confidence caused it to bolt and because I screamed it went quicker.

Turns out the horse is advertised as being for advanced riders only and has done the same to others.

I totally accept the risk involved in the sport and if it was a genuine accident and they acted like they were bothered (first aid, documentation etc.) I wouldn't dream of doing it.
I did sign a consent acknowledging risk, but is there not an expectation a riding school would limit risk by ensuring the horse and activities were suitable?
They're meant to be the experts - hence why I listened to them.

I've also since returned to riding at 2 other stables and have learnt I was taught very little, and a lot of basic practices weren't followed or taught.

OP posts:

justintimberlakesfishwife · 06/09/2019 18:39

What was the activity?

furrybadger · 06/09/2019 18:40

If it’s horse riding lessons you ride at your own risk, it’s part of riding that you fall of some time or other, I’ve had horse over 15 years and have had many tumbles but never thought about claiming compensation 🙄

justintimberlakesfishwife · 06/09/2019 18:41

Sorry cross-post. In this situation yes I would pursue legal action. They need to be held to account.

Sorrysorrysosorry · 06/09/2019 18:44

If the concern is protecting others, then following up with regulators might be much more effective (and consume less of your life, op), depending on what the activity is etc.

Are you in contact with the others you know that have been injured there? The fact that you raised concerns but then carried on anyway would come into it I imagine but it really would be better if you gave a hint at the hobby. White water rafting? Cage fighting? Had you previously signed any sort of disclaimer at all?

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