accident claim

[patrixcia]

i recently filled an accident claim form from local Council after having a fall. They have refused me compensation, would it be worthwhile to contact a lawyer to act on my behalf?

[bednobs]

did they give you a reason why they declined?
for example, did they think it wasn't their fault you fell?
is it because you didn't suffer any loss?
the answers to these questions should guide you as to whether to pursue it

[ummmm]

What kind of accident?

[sandyRoe]

I'm sure when you fell you suffered back injuries. See a 'No win, No fee' law firm. You've nothing to lose.

[ummmm]

Don't tell lies....it could come back to bite you on the bum...very hard..!

[patrixcia]

thank you all for answers. was walking down steps to beach,slipped on wet stones .was taken to Hospital with head,wrist and ankle injuries. Council claim that area is checked monthly for defects. I have photos of steps to prove what they say is untrue

[ummmm]

How do you know it's untrue?

Accidents happen....

[woofgang]

so have you got two sets of identical photos more than a month apart? How is the council supposed to stop steps by the sea getting wet and slippery?

[venator]

yes - but only on a "no win no fee" basis. If the case won't run, they won't take it on.

In pavement tripping cases, the no fee solicitor tells the Council "we're taking you to Court"

The Council Solicitor says "this will cost us, say, 5 grand in fees, offer them 2 grand" plus the no fee solicitor's fee, say £500.

The Council has insurance for this.

Everybody's happy.

The people who lose are the general public who pay insurance premiums, as all the compo costs affect the level of premiums.

Here endeth the lesson - sorry to ramble on - must be the Islay malt.

Good luck.

[hc4361]

venator, in many cases the council has to pay up to half of compensation payouts, and every claim inflates the premiums so we all lose out. Nobody wins.

[hc4361]

What was the defect?

It is not enough to show that the steps were defective, you have to be able to show the council knew about it and neglected to act within a reasonable time of their becoming aware of it.

If you can prove other people had complained to the council about the steps and nothing was done, you may have a case.

Was there a handrail? Is so was it defective? If not, would it be reasonable and practical for the council to put a handrail in?

Are there any warning signs?

[patrixcia]

have read all your replies, and will see a solicitor. the stones on steps were from the cliffs, have various photos taken at different times. there have been accidents there before, so should have a good case

[bednobs]

you need to be clear what you have lost as result of this fall, and what you want to be compensated for - did you lose out on work because you were unwell for example?

[sherrardk]

Sorry, but questions like this always amaze me. I can see that you are cross at having fallen but you still think that you should be entitled to some money because you fell on wet stones at the beach - fair enough if you were in a man-made environment where everything should be of a certain standard but to want to claim about wet stones at a beach, completely baffles me.

[237SJ]

If the wind blew some sand onto the stones making them slippery would you sue for that too? Wouldn`t it be awful if councils closed beaches to the public because people sued over sand and water.

[Andyvon]

How many hundreds of other people had climbed and descended the same steps that day Patrixia? Men, women, children - all with differing levels of health and mobility. If they all managed to negotiate the steps successfully and safely then why didn't you?

This is the same as people who sue after tripping over uneven paving stones. Just watch where you are going!

[sherrardk]

Sorry - whose photos have you actually got? Only you were asking on here for some in November.