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View Poll Results: What would you do?
Get on with life after reporting it 54 90.00%
Complain to the shop and sue 6 10.00%
Voters: 60. You may not vote on this poll

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Old 03-05-2012, 09:56 PM   #31
Feathers
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Default Re: Fall advice

Suck it up princess!

I walked under a bus at work, tripped, fell, and fractured my hand. Ow.
Then I got up, and proceeded to drive myself home to cook dinner.

Was my own stupid fault for taking a shortcut - which I NEVER usually do.

Was sent for X-rays a few weeks later, as it was still sore, and I had some weakness in the hand, and the doctor tried pretty hard to get me to admit I was at work when it happened.
I knew what she was fishing for, but she wasn't getting it.
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Old 03-05-2012, 10:14 PM   #32
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Default Re: Fall advice

I wouldn't sue. I'd feel like a complete tool cause I wasn't paying enough attention.

One thing I do wonder for the people that look like they would obviously go looking for a payout from their stupidity do they have a big cry when their insurance premiums go up year after year?
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Old 04-05-2012, 12:36 AM   #33
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Default Re: Fall advice

i wouldnt worry about it. i'd just get on with life. not as if the service station attendants raced out and pushed you over or anything like that??
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Old 04-05-2012, 12:40 AM   #34
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Default Re: Fall advice

Quote:
Originally Posted by vztrt
I wouldn't sue. I'd feel like a complete tool cause I wasn't paying enough attention.

One thing I do wonder for the people that look like they would obviously go looking for a payout from their stupidity do they have a big cry when their insurance premiums go up year after year?
the sad thing is because of stupid people like that everyone else has too suffer. people should take responsabilty for there own stupid actions instead of blaming others!!
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Old 04-05-2012, 12:43 AM   #35
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Default Re: Fall advice

I'd dust myself off and get on with life and curse myself for being too careless. Accidents happen, and this instance it would have been my own clumsiness or stupidity. Don't see why someone else should have to pay me for that.
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Old 04-05-2012, 05:44 AM   #36
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Default Re: Fall advice

Quote:
Originally Posted by xisled
If you sued them you would have to prove that them having the bright yellow painted stopper was a know hazard and you would have to prove they were negligent in not removing the hazard.

Even though that is said. Try and sue and see what you can get.
Wonderful attitude , I bet you bleat about insurance premiums and the cost of living in the next breath too .
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Old 04-05-2012, 06:01 AM   #37
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Default Re: Fall advice

Suck it up, I say.

I was hit by a 4WD a few years ago and shattered my ankle and broke my left leg. I didn't sue. All my medical bills, surgeries and physio for the whole year were paid for by TAC and that's all I wanted. I didn't want to hurt the driver as it was half my fault, half his.

Those big fluro concrete strips are fluro for a reason. So people can see them and don't fall over. You fall, you should wear it.

We are becoming so Americanized in the way that we think its the best idea to sue, regardless of who is to blame. My old man's former employee sued the council because his ******** kid fell off a flying fox at a local park. Where is the justice in that for the council?

Suing the servo would involve proving that they were negligent in fulfilling their duty of care to their customers and anyone on their property. As far as I can see, they were not negligent because the hazard was highlighted plain and clear, so I would be doubtful as to whether a claim would be successful or not. That said, I'm not a lawyer.

If you think you can get something out of it, then go for it if you really think you need to. But just remember that if you do go through with it, you'll want to think twice about shopping at that servo again.
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Old 04-05-2012, 06:11 AM   #38
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Default Re: Fall advice

Quote:
Originally Posted by MWTB
We are becoming so Americanized in the way that we think its the best idea to sue, regardless of who is to blame. My old man's former employee sued the council because his ******** kid fell off a flying fox at a local park. Where is the justice in that for the council?.
Which is why Councils are slowing taking away playgrounds. They can't wear a law-suit every time a kid falls over. In the old days, you fell over, your parents laughed at you, you dusted yourself off and on you went.

I fell over in my work car park on Monday evening. My fault. Didn't even report it to work. But if I drop dead soon, maybe I should have! :P

Until then my grazed knee and sore shoulder are a painful reminder to watch where I'm going!
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Old 08-05-2012, 04:32 AM   #39
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Default Re: Fall advice

In this hypothetical situation if I fell and got hurt, I'd call myself stupid for walking through the service station and slipping, wishing I was more careful. Maybe I shouldn't have walked between the pumps or across where the cars park.

If I already paid inside at the register (if I didn't swipe my card at the pump) I'd pump gas and leave. If I still needed to go in and pay cash I wouldn't say anything on my own. If the attendant noticed me fall or asks about my hand then maybe I'd say something but they'd have to ask. Or maybe a nice person who saw me fall will come and ask if I'm alright or need help. I know I'd ask if I saw someone take a fall.
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Old 08-05-2012, 07:31 AM   #40
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Default Re: Fall advice

Not sure if anyone caught ACA last night, but the amount of people making these claims has massively increased. Some claims being over half a million! It's sad the way Australia is becoming.
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Old 08-05-2012, 08:18 AM   #41
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Default Re: Fall advice

How sad.......

Some small shop owners would rather close shop than risk losing their business, their home and everything else. Liability insurance is a must have but how can everyone even afford it?
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Old 08-05-2012, 10:37 AM   #42
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Default Re: Fall advice

Suck it up until I got back to work then 'trip' up a step so I can claim on workers comp! Otherwise I'd have to use my sick leave until I got better! Sheesh!
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Old 08-05-2012, 11:01 AM   #43
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Default Re: Fall advice

I am in a similar thing at the moment.. Was shopping on holidays looking at clothes and not the floor and they had removed a tile and some flooring so i fell and twisted and was knocked out cold
The store has admitted fault as they have said to me and my other half they were going to remove the clothes and block the area off but were to lazy
I now need surgery ect

I have had the stores owners contact me who are lodging there own claim to see if they should cover my medical expenses.
I am not going to sue even though everyone tells me too if they pay my medica expenses so I dont use it up on my health insurance I will be sweet....

I didnt lodge the claim or contact them they came to me as when I fell the store got my details and even contacted us 2 days later as they knew we were on holidays
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Old 08-05-2012, 11:05 AM   #44
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Default Re: Fall advice

Quote:
Originally Posted by Miss_XR6
I am in a similar thing at the moment.. Was shopping on holidays looking at clothes and not the floor and they had removed a tile and some flooring so i fell and twisted and was knocked out cold
The store has admitted fault as they have said to me and my other half they were going to remove the clothes and block the area off but were to lazy
I now need surgery ect

I have had the stores owners contact me who are lodging there own claim to see if they should cover my medical expenses.
I am not going to sue even though everyone tells me too if they pay my medica expenses so I dont use it up on my health insurance I will be sweet....

I didnt lodge the claim or contact them they came to me as when I fell the store got my details and even contacted us 2 days later as they knew we were on holidays
that's a legitimate case though, contact a lawyer asap! I'm no legal professional but you have a case there.
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Old 08-05-2012, 11:10 AM   #45
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Default Re: Fall advice

Just because someone has a case doesn't mean they have to pursue it as said there going to pay the bills till ur better seems fair y go for extra if u don't lose any wages ect. Good on you miss xr6 I say
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Old 08-05-2012, 11:15 AM   #46
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Default Re: Fall advice

Quote:
Originally Posted by BHDOGS
Just because someone has a case doesn't mean they have to pursue it as said there going to pay the bills till ur better seems fair y go for extra if u don't lose any wages ect. Good on you miss xr6 I say
maybe you should read it a little more
Quote:
Originally Posted by Miss_XR6
The store has admitted fault as they have said to me and my other half they were going to remove the clothes and block the area off but were to lazy
I now need surgery ect
BHDOGS would you just let it go and have your mechanic just pay your medical bills if they were 'too lazy' to put your wheel nuts on? "Yeah we were gunna do it but wanted another pie so cbb"

there is 'let it go' and there is complete negligence, especially when it's admitted to.
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Old 08-05-2012, 11:26 AM   #47
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Default Re: Fall advice

Quote:
Originally Posted by Professor Farnsworth
maybe you should read it a little more

BHDOGS would you just let it go and have your mechanic just pay your medical bills if they were 'too lazy' to put your wheel nuts on? "Yeah we were gunna do it but wanted another pie so cbb"

there is 'let it go' and there is complete negligence, especially when it's admitted to.
I think what BHDOGS is trying to say is that if the store agrees to cover the legitimate expenses incurred with treatment etc after the incident then there really shouldn't be any need to sue them.

This whole 'compensation for pain and suffering' thing is BS.
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Old 08-05-2012, 11:50 AM   #48
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Default Re: Fall advice

Quote:
Originally Posted by Professor Farnsworth
maybe you should read it a little more

BHDOGS would you just let it go and have your mechanic just pay your medical bills if they were 'too lazy' to put your wheel nuts on? "Yeah we were gunna do it but wanted another pie so cbb"

there is 'let it go' and there is complete negligence, especially when it's admitted to.

I know its negligence but I am not going to sue them for extra money like others do just do I can pretend I have won the lotton

Medical bills and days off work are all I want covered if anything and maybe replacement of clothes the ambo's had to cut off me haha

The shop is a international brand so I know they will play it to there terms but I have never been in this situation before
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Old 08-05-2012, 11:51 AM   #49
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Default Re: Fall advice

Quote:
Originally Posted by b2tf
I think what BHDOGS is trying to say is that if the store agrees to cover the legitimate expenses incurred with treatment etc after the incident then there really shouldn't be any need to sue them.

This whole 'compensation for pain and suffering' thing is BS.
she mentioned having to have surgery as part of her recuperation, this is not some jackass tripping over his own feet while tweeting and suing for a million. Surgery would be a little more than an inconvenience and very much deserves compensation due to those at fault admitting it happened because they by their own words were 'too lazy' to make it safe.

There is a big difference between the two cases spoken about here.
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Old 08-05-2012, 12:19 PM   #50
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Default Re: Fall advice

I dont want pain and suffering...... I lost the rest of my holidays ect but I had paid next to nothing for them just medical bills
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Old 08-05-2012, 12:29 PM   #51
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Default Re: Fall advice

choose whichever path you like, i'm simply saying that out of all the stupid claims that people try to put in to exaggerate and or rort the system, this one actually has merit.
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