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The Bar For non Automotive Related Chat |
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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Thread Tools | Display Modes |
03-05-2012, 12:44 PM | #1 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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This is a hypothetical.
Someone at a servo has just put fuel in their car and walking to the shop to pay. Whilst cutting through the unused car spots, strips on the yellow concrete used as a stopper for the cars. They fall and fracture a wrist on the landing. 1. Call yourself a fool get on with life 2. Sue the servo (claim on their insurance)
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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03-05-2012, 12:45 PM | #2 | ||
On the hunt for grunt
Join Date: Jan 2005
Posts: 98
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Boh!
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FPV & XR Owners Club of Victoria. |
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03-05-2012, 12:55 PM | #3 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Melb north
Posts: 12,025
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if it was me i would do no.1
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03-05-2012, 01:07 PM | #4 | ||
Formerly ST170ish
Join Date: Jan 2005
Location: Down south
Posts: 1,672
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well are they painted yellow and clearly visable...
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03-05-2012, 01:10 PM | #5 | ||
FF.Com.Au Hardcore
Join Date: Sep 2008
Location: Canberra
Posts: 1,594
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We are America's latest State after all... Sue the pants off of them!
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Previous - Mazda 2 Genki BF XR6 - Seduce BF MK II XR8 - ToXiC... Toyota Camry Altise After a patient 2 years... Now Driving... 2010 FG XR6 - Sunburst! |
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03-05-2012, 01:19 PM | #6 | ||
FF.Com.Au Hardcore
Join Date: May 2010
Posts: 3,338
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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. |
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03-05-2012, 01:21 PM | #7 | |||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 12,077
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Quote:
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03-05-2012, 01:27 PM | #8 | ||
FF.Com.Au Hardcore
Join Date: May 2007
Posts: 575
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public liabilty claims are normally pretty easy. see a lawyer for an hour & get him to mail the letter to the store. if you only want medical bills paid it should be pretty quick.
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03-05-2012, 01:32 PM | #9 | ||
Regular Member
Join Date: Apr 2012
Posts: 42
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Where i work the genral rule seems to be if it has been painted to high visability the person who trips is at fault because something has been put in place to warn you. We have alot of falls where i work (hospital) never been succesfully sued in the 7 years i have been working there. I will admit i hate all this sueing that goes on now. A bugular can sue you if you attack him when he has entered your property illegally it is just ridiculous.
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03-05-2012, 01:38 PM | #10 | ||
FF.Com.Au Hardcore
Join Date: Jun 2005
Posts: 5,193
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You could try and sue but expect unless there is more to it you won't have great deal of success, you need proove negligence on the servo's part.
If you choose to go to court and lose you will be paying your medical costs, your legal costs and the legal costs of the service station. It might get a bit expensive. But I'm sure there a plenty who would threaten to sue in the hope of getting a bit of cash out of the servo. |
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03-05-2012, 01:40 PM | #11 | ||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,987
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so what you went tits up.. man up and get over it.....
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03-05-2012, 01:42 PM | #12 | ||
FF.Com.Au Hardcore
Join Date: Aug 2011
Location: Adelaide
Posts: 734
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They're bright yellow for a reason. Get on with life.
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03-05-2012, 02:00 PM | #13 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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This didn't happen to me. I am curious as to how people would react.
I personally whould call myself a few words and move on.
__________________
1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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03-05-2012, 02:11 PM | #14 | ||
SY TS AWD LPG TEZZA
Join Date: Nov 2011
Location: Perth
Posts: 2,383
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I would just make a note to myself to look where I'm going.
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1st car 75 XB Fairmont wagon 302C converted to 351C. 2nd car 82 ZK Fairlane 351C 4spd AOD LPG/Avgas 3rd car 97 EL Falcon police car 4L auto dual fuel 4th car 90 XF ute (work car) 5th car 06 SY TS AWD Territory Orbital LPi 6th car 95 XG ute 7th car 2014 SZ Territory TX Petrol Fords all my life. |
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03-05-2012, 02:31 PM | #15 | ||
Brad
Join Date: Jul 2010
Location: New Zealand
Posts: 5,827
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Go back, try walk over it again without breaking other wrist. If not I would deserve to have both wrists broken.
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03-05-2012, 05:05 PM | #16 | ||
Oo\===/oO
Join Date: Jan 2007
Location: Tamworth
Posts: 11,348
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If it was during work hours....
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03-05-2012, 05:11 PM | #17 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Canberra Region
Posts: 8,982
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This is the reason why businesses have $20m+ of liability insurance.
Put in a claim and see what happens, if its rejected then so be it. If not then you are entitled to everything that is available. Remember you or someone else does not make the determination on whether they are liable or not, the insurance company and the law does. If the assessor sees fit that the concrete strips are dangerous, then something can be done about them so nobody else can trip and fall on them. Would you want someone else to trip on them, but instead of breaking their wrist, cracking their skull open?
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2016 FGX XR8 Sprint, 6speed manual, Kinetic Blue #170 2004 BA wagon RTV project. 1998 EL XR8, Auto, Hot Chilli Red 1993 ED XR6, 5speed, Polynesian Green. 1 of 329. Retired 1968 XT Falcon 500 wagon, 3 on the tree, 3.6L. Patina project. |
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03-05-2012, 05:23 PM | #18 | |||
FF.Com.Au Hardcore
Join Date: Nov 2006
Posts: 1,458
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Quote:
This is also the reason why kids sporting events are cancelled and the like. The insurance ends up costing too much to pay for all the claims. Remember it is the consumer who really pays for numpties who are too silly to walk properly. |
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03-05-2012, 05:30 PM | #19 | ||
Just slidin'
Join Date: Sep 2005
Location: Brisvegas
Posts: 7,791
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Broke 2 bones at an unsafe place, both times, swore a little at myself, got on with life.
Fortunately they were before I started work, so I didnt loose money over it, otherwise it may have been a different case.
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MD Mondeo - For the family
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03-05-2012, 06:00 PM | #20 | ||
Banned
Join Date: Dec 2007
Posts: 3,290
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i was walking down the street reading my txt messages and hit a pole should i sue the council or the phone maker? please help lmao
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03-05-2012, 06:05 PM | #21 | ||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,658
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i wouldn't even do number 1. why report it. you tripped over. get up and get on with it.
why does there need to be someone (other than one's self) held accountable for every little thing these days. even if it wasn't painted yellow, deal with it. my daughter fell over whilst ice skating, and broke her leg. the ice rink was in poor condition (noalunga, s.a. for those playing at home). maybe i should've held someone responsible for that instead of chalking it up as a life experience. and then people whinge because their insurance premiums are so high. |
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03-05-2012, 07:46 PM | #22 | ||
The Experience...
Join Date: Sep 2010
Posts: 1,017
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110% agree with you!
If there was grose negligents, and I mean grose! I.E, Getting stabbed by a syringe at a GP or something along those lines then maybe. That sorta stuff changes your life. But tripping over? A broken bone? Man up! Nothing would be worse then this crap were everyone sues everyone. What an ugly world to live in.
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03-05-2012, 07:50 PM | #23 | |||||
Captain Malcolm Reynolds
Join Date: Mar 2007
Location: Adelaide
Posts: 3,830
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Quote:
There's a time & place for a lawsuit/claim. A quick trip over something painted bright yellow is not it. Perhaps if it was hidden behind something and "pushed to the side" instead of being clearly visible, then maybe.
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Currently: 2014 Mazda6 GT (Daily) and 1999 Mazda MX5 (Fun Car) Previously: 2001 Ford Escape XLT; 2010 MC Mondeo; 1984 FD LTD; 2001 AU2 Falcon Forte; 2005 LS Focus Zetec; 1988 RE Colt; 1982 RB Colt; 1974 KE20 Corolla Quote:
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03-05-2012, 08:37 PM | #24 | ||
FF.Com.Au Hardcore
Join Date: Oct 2008
Posts: 1,094
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Go and see a slip and fall law firm. They will do the first meeting for free tell you if you have a valid claim. They will typically then work for free but take a percentage of any payout you get.
These guys do thousands of cases every year and will quickly work out if you have the basis for a claim. That being said, slip and fall legislation has been tightened up over the last few years and it's harder to get a claim through than it used to be. |
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03-05-2012, 08:48 PM | #25 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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I'm not asking for advice, I am asking what would YOU do!
__________________
1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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03-05-2012, 09:01 PM | #26 | ||
I am Groot
Join Date: Dec 2007
Location: Burnett Heads, Qld
Posts: 6,840
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Well quite obviously you weren’t listening at the morning toolbox when "slips, trips and falls" was mentioned......
It also looks like you didn't do a Hazard Id and a JSA before going to the servo..... Did you have on the correct PPE...? No.... Yer stuffed , just go home and wear it..... Just my hypothetical 2c worth....
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03-05-2012, 09:07 PM | #27 | ||
FF.Com.Au Hardcore
Join Date: Mar 2007
Location: sydney.nsw.au
Posts: 6,119
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I'd accept I'm a dill and get on with life.
We had a bloke where I work who had left work, train home, tripped n fell down some stairs at the train station (side effect of being a douche) and went on workers comp. In his rights - yes, ethical - not a ******* chance. That sort of stuff pee's me right off.
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flickr Last edited by Professor Farnsworth; 08-05-2012 at 09:53 AM. Reason: avoiding swear filter |
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03-05-2012, 09:08 PM | #28 | ||
Formerly ST170ish
Join Date: Jan 2005
Location: Down south
Posts: 1,672
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Hang on DJR-351 ya forgot to fill out the "pre-task risk assessment" form...
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03-05-2012, 09:11 PM | #29 | |||
moderator ford coupe club
Join Date: Jun 2007
Posts: 6,640
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Quote:
like most others i say leave it and get on with life, but until in that situation, most cannot be sure |
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03-05-2012, 09:22 PM | #30 | ||
FF.Com.Au Hardcore
Join Date: Apr 2005
Location: Bundaberg
Posts: 604
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Suck it up Princess and get on with your life.
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