Personal injury claim - would this be worth pursuing?

[tangfasticsarefantastic]

I preface this with the fact that I have legal protection on my house insurance but haven't yet spoken to them. Just wondering others' opinions on whether it's something worth pursuing.

I had an accident recently which had left me with broken bones. It was in a pub (though i was perfectly sober!). The stairs had those thin metal strips at the front of the step. Despite holding the handrail and wearing sensible shoes, I caught my shoe on this metal strip and fell down the stairs (from near the top).

I reported it to the venue and the local council heath & safety teams and got "we're sorry to hear about this - we hope you recover soon".

I'm left with a 6 month recovery period and have been in a lot of pain. I'm unable to drive which is affecting my business though thankfully I have a business partner who has stepped in.

I don't feel that the fall was entirely my fault (I may be a little clumsy but the installation of something that's potentially a trip hazard is concerning to me. Someone else less steady on their feet may come off much worse than me).

So, thoughts? Worth taking it further, whether it's just via the local council H&S team or legal action?

I'd get someone to go and take pics of the stairs, the handrail, the lighting, the signage (or lack of) before they change it all you don't have any evidence.

Do you have photos of the steps?

I have known someone successfully claim in similar circumstances.

That's a very good point. I don't have any, no and it would be difficult to get some too.

That is going to make a claim more difficult as they can make changes and provide photos showing safe stairs and warning notices.

Sorry,

You would definitely have to have proof that the metal strips were proud of the main part of the step and therefore a trip hazard. Provided the lighting was normal its not usual to have a warning notice on a normal staircase. Only something unusual like a spiral staircase etc. Maybe get someone to go back and take photos on your behalf?

How long ago did this happen? What bones did you break?

I definitely think without photos of proof of why it happened and wasn't your fault it would be difficult. You can't just say you thought it wasn't your fault as a business I would challenge that with insurers on your claim...what is stopping you going in there and looking at the stairs again?

@TalbotAMan

How long ago did this happen? What bones did you break?

Sorry for the lack of replies on this - I hadn't noticed the more recent responses.

It was just over a month ago now - fractures to my humerus bone up near my shoulder. I still can't lift my arm any further than about an inch away from my body (armpit hairs are the longest they've ever been! )

My consultant says I should heal completely but with physio etc will take up to 6 months. I'm just lucky that I'm able to wfh as there's no way I could have gotten to work without an extortionate public transport cost otherwise.

@OtiMama

I definitely think without photos of proof of why it happened and wasn't your fault it would be difficult. You can't just say you thought it wasn't your fault as a business I would challenge that with insurers on your claim...what is stopping you going in there and looking at the stairs again?

I was on a day out, so far away from home (£60 Uber to get home after the hospital!).

I've found a photo of the stairs on their Tripadvisor page, as many other people have commented on their steepness and there was at least one review talking of someone falling on them (though up, rather than down). The edging looks different in the picture to how I remember it though as it is a relatively old picture.

I remember it being more like the attached - a thin raised metal strip at the front of the step.

I'm not specifically a personal injury lawyer, but I think that if you have legal expenses insurance, this is worth taking further. (Wrongly in my opinion,) the Judicial College Guidelines that set out indicative tariffs are not freely available online, and they only seem to deal with arm injuries to the forearms not the upper arms, but I have access to them. For a fracture with a 6 month full recovery the general damages for the injury itself would (if you succeed) likely be in the several thousands of pounds, depending on things like whether you were in plaster and/or a sling and how long your recovery actually takes. If, unfortunately, your consultant turns out to be wrong, and you don't recover completely, they would be higher.

You may also be able to establish secondary claims for business losses, depending on the nature of the business.

I'm less pessimistic than some PPs about establishing liability. They have a duty under the Occupiers' Liability Act to make their premises reasonably safe, and the simple fact that you have fallen and sustained injury while behaving normally and appropriately pushes it (imho) a good way towards them being liable, though perhaps not completely.

I think it's certainly worth a call to your legal expenses insurers. They will normally have a panel of solicitors and will likely refer you to one of them. There are a lot of sharks out there, but I would hope that solicitors on a legal expenses insurers panel would be ok. Just be very careful if someone starts mentioning things like 'no win, no fee' or taking a cut of the damages, because that's what the insurance is supposed to cover.

Bear in mind that overall you have three years from the accident to start a claim in court. These kinds of claim will have to be dealt with through what is called the 'portal' process, where claimants' solicitors and insurers exchange information to try and settle without going to court, first, and that can take several months, so you're better acting on this sooner rather than later.

I’m not a lawyer, but work in H&S so experience in issues such as this. Sorry to hear about your accident.

Take screen shots of the reviews on TA that mention stairs and any pictures. Also, as mentioned you could really do with getting some actual pictures, is there someone who could help out? Even a MN’er perhaps?

I’d say that those stairs don’t look ideal, especially in a pub where it would be reasonable to expect high footfall, intoxication and high heeled shoes.

I’d go for it if I was you.

Thank you both for the last couple of posts - they're both really, really helpful, thank you.

Good to know there's a bit of time. Work and wedding planning are keeping me particularly busy at the moment let alone with a broken arm, so I'll give it a bit of thought and discuss it with my partner.

I could possibly enlist someone else's help to go and take pictures of the stairs from the top and bottom. The friends I was with are suitably traumatised for life by witnessing my fall so I'm sure one of them could be persuaded!

I wouldn't mind so much but I was perfectly sober and wearing sensible shoes! Heaven knows what would have happened if I'd actually had a drink inside me!