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Original poster

Compensation for a fall

31 replies

madamegeorge · 24/04/2008 18:34

Yesterday I was in my local shopping centre car park and slipped on some grease and dislocated my knee. It was excruciating and I needed morphine and etonox before I could even be moved to hospital. It was worse than childbirth and I've been told today it's going to take at least 6 weeks to heal. My patella is also broken. I'm thinking of proceeding with a claim for compensation but haven't a clue where to start. The yellow pages is full of personal injury lawyers and it seems like a minefield.
Can anyone advise me?

OP posts:
Renaissancewoman · 24/04/2008 18:36

where do you live, what county/area?

SenoraPostrophe · 24/04/2008 18:39

why don't you just write to the owners of the shopping centre and ask for compensation?

Original poster
madamegeorge · 24/04/2008 18:39

I live in Norfolk

OP posts:
Original poster
madamegeorge · 24/04/2008 18:44

I did think of that but am concerned that I'll be fobbed off. I don't really know my rights and what would constitute reasonable compensation. It's going to cause huge problems for the whole family and there's a possibility I won't be able to return to work in my full capacity due to the physical nature of it

OP posts:
ButterflyBessie · 24/04/2008 18:48

Why should they compensate you?

Was it there for a long time, had they been notified about it?

Was it not just a very unfortunate accident?

What a litigious culture we live in

WanderingTrolley · 24/04/2008 18:50

I'm very sorry you've been badly hurt, but my advice is to think very carefully about taking legal action.

Whose fault was it? Car parks are greasy, were you taking enough care about where you were going? Why should the shopping centre compensate you - was it their grease, were they negligent?

I know it isn't what you wanted to hear, and I really am sorry about your injury, but I'm just not a fan of suing for compensation for injuries.

Maybe give us more information about where you were, where the grease was and how the two came to meet?

WanderingTrolley · 24/04/2008 18:52

And before I am jumped upon, yes I have been injured in a similar way and no I didn't sue.

PS If you jump on me and I am injured, however, I will sue

Original poster
madamegeorge · 24/04/2008 18:53

Because part of their job is to ensure that health and safety standards are met. I'm going to lose money from not being able to work as is my dh who has had to take time off to see to my basic needs and those of my ds's. That is not to mention the huge emotional impact it's already having on my life. The consultant told me I may always have a problem with the knee and may require surgery. Is that enough?

OP posts:
ButterflyBessie · 24/04/2008 18:57

I am sure the emotional impact is worth £millions, why not contact the daily mail to see if they will run your story, 'My Grease Hell' ?

Whizzz · 24/04/2008 18:58

For a claim to be successful you have to first find out who is responsible for the failure that caused your injury. If you manage to do this, if they want to contest it - they will probably counter with "the visibility / lighting was adequate, flooring was in good repair - you should be vigilant when crossing a car park etc etc" & try & make out that it is you that's at fault - sorry but if they want to fight, that's what they are likely to do. Cases can take an age to come to court & can be very stressful. Avoid (like the plague) No win, no fee types

Original poster
madamegeorge · 24/04/2008 19:00

Imo I should expect to be able to go shopping and expect that the car park I use is properly maintained. This wasn't a patch of oil in a car park space it was diesel which was extremely difficult to see as it was between 2 cars. I'm furious that my life and my family's will be disrupted for months and I'm going to suffer financially as a result. Btw I've never sued anyone before or made any insurance claim

OP posts:
bonkerz · 24/04/2008 19:02

my sister fell in a hole when getting her DS out of a car in a council iwned car park.
She wrote to the council who admitted they knew about the poor state of the car park, they eventually went and fixed the pot holes 4 weeks after my sister fell.
My sister was in plaster for 8 weeks cos she had a broken ankle, she is still having pyhsio now and it was almost 2 years ago.
My sister put in a claim for compo when it happened and is still waiting for it to be dealt with. The no win no fee solicitors have told my sister it could be up to 5 years before it is fianlised and thats with the council already admitting blame!
Think long and hard about compo claim because you porbably wont see any money for years!

CountessDracula · 24/04/2008 19:05

Sounds nasty

I can ask dh what it's worth if you want
he has a little book somewhere. Not a lot by the sounds of things unless you can prove loss of earnings.

If you want to take it further I can ask him to recommend a firm.

Personally I wouldn't bother as litigation is a lot of hassle and you aren't going to get a lot out of it. I would just put it down to experience. Chances are the person who parked there before you had an oil leak - you can't expect them to rush in and clean every space after each person leaves that is not reasonable.

avenanap · 24/04/2008 19:08

I think that you are only entitled to sue for something like this if the people working there had been told of the spill and they had done nothing to clean it up. There are law cases where people have fallen in shops on something that should have been cleaned up, they won these. It really does depend on whether it had been reported to the staff or if the staff were to walk around and check for spills as part of their job. If the diesel had only just been spilt then you can't really expect them to know it was there.

I understand that you are upset and angry and there's no harm in seeking legal advice if it helps you. I have a legal assistance phoneline as part of my household insurance. You should check your policy. Mine's free, I just phone them up and they give me advice.

Lauriefairycake · 24/04/2008 19:08

Only one thing to add which I hope is helpful, you must go back and photograph the grease and where it was, you will need evidence if you want to proceed in any way/prove negligence.

Very sorry for your pain.

bonkerz · 24/04/2008 19:11

yes defo go back and photo evidence, whilst my sister was being put in plaster my BIL went and photographed the hole from loads of angles and used a rular to show how deep and wide etc. BIL also went back and photgraphed the hole 4 weeks later when they fixed it!

Whizzz · 24/04/2008 19:12

I was a H&S manager so have been on both sides of claims. Have a look at some info here

Whizzz · 24/04/2008 19:14

avenanap - yes you are right in what you say in terms of their responsibilities

Original poster
madamegeorge · 24/04/2008 19:14

BB - you don't know me and have no right to judge my motives for wanting to pursue a claim. Choose someone else to grind your axe with. To everyone else - thanks for your comments. I realise it may not be worthwhile and take a long time and will give it some thought. Countessdracula I would appreciate a recommendation from your dh. Thanks!

OP posts:
LIZS · 24/04/2008 19:18

In the first instance you need to report the details to whoever owns the car park - be it a private company or council - and perhaps local HSE. You could also call CAB rather than a PI Lawyer just to see where you stand and how to proceed.

Original poster
madamegeorge · 24/04/2008 19:23

The staff assured me it had been logged in their accident book and reported to the complex managers and were very apologetic. I think I'll contact CAB and take it from there. A member of the public took a photo of the spill on my phone (his idea not mine. I was in far too much pain to think about anything) Must've been a daily mail reader!!

OP posts:
ButterflyBessie · 24/04/2008 19:25

enjoy your money, just think, if you had fallen in the states you could have claimed even more

Morgan · 24/04/2008 19:30

As a personal injury lawyer in my previous life pre dc who did no win no fee cases i do not agree that this would not be a good idea for a case as long as a good solicitor is used. I ran many successful cases using a no win, no fee agreement.

Madamgeorge unfortunately i don't think you will have a strong case given that it sounds like an unfortunate accident rather than anyone's negligence that caused your accident - unless you can prove otherwise, e.g as already stated if they knew about it and did nothing to remedy the situation. Think you will have problems establishing negigence.

Psychomum5 · 24/04/2008 19:32

I would be careful claiming for something that could have come from anywhere.

the spill may have been there for a while or may have appeared there from the last car parked there, and without proof from you, it would be your word against theirs.

PLUS....is the car park owned by one company or several??

normally tis only things like holes, unlevel walkways etc that I think would be classified as a problem.....grease cannot be proven to be their problem possibly (unless a garage forecourt...not sure).

IMVHO.....and accident is an accident and should not be a reason to make money from someone....this is why 'elf n safety' has gone so insane in the recent years!!!

avenanap · 24/04/2008 19:37

I don't think the op is out for money, she's in pain and angry. she'll have to take time off to recover.

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