AIB litigious and U?

[NaccetyMac]

DS1 had a fall in a train station a few months ago. it resulted in a head injury and an A&e visit (in a strange city), which then meant we had missed our connection. The train company arranged for us to travel the following day on the same ticket, but we had to stay overnight in a Travelodge and have several meals/ bus journeys etc that we would not have otherwise had.

DS1 is 4, he was not messing, he was walking nicely (for once!). He slipped on water that was on the floor. I had actually just turned to him to warn him that it was slippy. (headdesk)

When we getting in the ambulance, I noticed that the floor was being cleaned and a number of staff members were flapping about looking concerned.

I phoned their helpline and asked to be reimbursed the cost of the hotel (£50), and they took details, then I got a letter saying they had reviewed the CCTV and there were "no hazards present, water or otherwise."

I am cross, TBH, it WAS dangerously slippy, several passersby (WISH I had got names) said this and an old lady also slid slightly and nearly fell. I don't see how you could see on CCTV that there was water on the floor anyway - it wasn't a great big puddle, it was water tracked in on people's shoes.

Anyway, AIBU to even expect reimbursment? I don't want compensation, I just want to be reimbursed for the money (which I do not have, although that's beside the point) that I had to pay out that night/ the following day. And WWYD next - drop it or write again?

I would write again, using words like "gesture of good will" etc. However i wouldnt hold your breath. I think it would be very difficult to prove liability tbh, unless it was a spillage. Was it inside or out? The only thing that could go in your favour is that if it was unually slippery there should have been signs. But honestly, doesn't sound like anyone "at fault" maybe the rail company didn't want to pay out any further as that in itself could be seen as admission of liability. I know nowt about the law though, just taking an unbiased view.

Sorry you had a shit time.

My DD slipped on some cream in a supermarket and i was treated really badly - no point in legal action though, sign was up so they covered their arses. I kicked upa stink and got a cheque for the cost of DDs coat that was damaged. (got called the Mad Elmlea lady on here for a bit though).

Make a reasonable claim (for your actual loss and any level of compensation you feel is appropriate) to the train operating company whose trains you were travelling on AND to network rail

I would expect network rail to make immediate reimbursement for all personal injury claims and associated losses without blinking if under £5,000. TOC policy depends on the TOC

Was it rain? Is that still their fault?

Perhaps write back and explain that the floor was wet, another woman slipped too and that other passengers also commented on it. Also, you saw the staff cleaning the floor after the incident, which they will also see on the cctv.

Could you ask for a copy of the cctv showing the incident and the x number of minutes after it (in order to ensure it gets the staff cleaning the area.

Orm, it was raining outside, the water was on the floor inside, on a marble type floor that is on a slope. I have spoken to friends who live in the area, and they say it is often slippy.
I'm honestly not going "oooh, there's blame, there's a claaaaaim! WOOP WOOP, we're in the money!" But presumably they know that it's slippery when it rains - I'd never been there before, so didn't.

They apparently did, but when I was at the station the following day it had already been sent off. I asked in my phone call to see a copy, but they haven't sent it.

They are so incredibly lucky that all you want are reasonable expenses.

I would write to their legal department at head office and say you are being more than reasonable as far as wanting to cover your direct costs, although suggest that you have been very disappointed by their response and have lost faith etc.

The 'no hazard present' line of reasoning is a bit odd. Fact of the matter is that they are under a duty of care to take reasonable precautions; that they mopped up the puddle after your DS slipped shows in fact that there was a hazard.

Legally, they are only liable for this if they knew before hand that there was water on the floor and it was slippy and they did nothing about it. You have nothing to loose by asking though, it is possible that the water had only been ther for a few minutes and they had not been told it was there, in which case they would not have been able to clean it up. The law is a PITA, this is why I don't practice.

hang on, they sent off an accident report but you haven't seen it??? Don't you have to sign it? They are covering their arses

Oh I see. Sorry I sort of assumed it was outside.

Oh, do pursue this, I'd be fuming that they are trying to get away with a brazen lie. Ask for a copy of the CCTV tape.

(The real idiot is the person who decided marble or whatever slippy surface it is was appropriate for a train station and all those other people who went 'OK then'.)

If you don't get a result from the train operating company contact Passenger Focus. There is now a central complaints line so you can google for the address.

I slipped on a wet floor at Gatwick Airport.I broke my wrist and was awarded £2500.The 'Wet Floor' sign was facing the wall.

If they knew that area was prone to be slippery and they did not take reasonable precautions to prevent people having accidents then they may be liable.

If they don't cooperate, I would actually seek legal advice, get a lawyer to send the initial letter of claim and see what happens.

It maybe that the claim falls within the jurisdiction of the small claims court because the injury to your son was not that severe.

However, in my experience, if there is a case, sometimes the fact that you have bothered to take advice and send a letter of claim will set the wind up their sails enough to attempt an early settlement (which from what you say is all you want anyway).