Stumbled Down A Pothole

jaycee401 | 20:56 Tue 18th Mar 2014 | Law

29 Answers

my friend stumbled down a pothole and landed on all fours hurting her arm, shoulder and knees, it was in a church car park, she took a photo of the hole, but there is a notice in the car park saying users of this car park do so at their own risk, the management will not accept responsibility for damage, accident or loss. But does this cover everything and everyone or just to the cars?

For Mention And To Fix

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boxtops

Absolutely - e.g. if she tore her tights or trousers landing on her knees, got oil stains on the clothes which needed dry cleaning, etc.

factor-fiction

And maybe care cost if a friend has to look after her or she needs to employ a cleaner or gardener, plus the cost of physiotherapy if needed.
Let us know how your friend gets on, jaycee/breathe and hopefully the church will act on your warnings and repair the pothole

boxtops

It's most important though that she does all this in writing, not verbally, and keeps copies of everything - and the letter she writes should be sent by a signed-for method, and must ask them to pass the letter on to the church's Public Liability insurers. If the Church get in touch and make her an offer of some sort, or to discuss her accident, tell her not to accept it or to discuss it with anyone apart from the insurers - the only offer should come from the insurance company, through proper channels.

DTCwordfan

As others have indicated, negligence is the operative here......

I have one going on against the Cornish Council at the moment - a nasty pothole downhill, some 9 inches deep, that took out my sump and damaged the crankcase, a £3000 bill with the car hire. Back in November, someone down here took them through the small claims court and the Magistrate asked to see the photos and the invoices and, in less than 5 minutes, had ruled in favour of the Plaintiff. I have been in contact and over have come the insurance forms - all completed with supporting paperwork and photos and filed yesterday. The contingency is my insurance co will support me (at a cost of loss of 15% of my NCD) but why should I lose that.

I had also written to the Council prior to this event about the condition of the lanes around local valley as to potholes, cc my MP as well......

I can only try and so can your friend. Garnish as much support as she can as to folk pointing out the damage to the carpark.

joko

how hurt is she?

are we talking broken limbs requiring time off work etc?
or a bit of a bruise and a scratch or two?

you cant just claim for the fact of falling - you must actually have an injury.

anyone would be a bit shaken after any fall so you cant really claim for being shaken up

diddlydo

This thread has become a joke. Unless the person was really seriously injured just get on with life and forget it.