Fall advice

[LTDHO]

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)

[XRO6]

Boh!

[mik]

if it was me i would do no.1

[XP6]

well are they painted yellow and clearly visable...

[XRSIKS]

We are America's latest State after all... Sue the pants off of them!

[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.

[flappist]

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.

You do have the spare $10k required to start this action don't you?

[|||]

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.

[Gspec ZL]

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.

[Stefan]

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.

[pottery beige]

so what you went tits up.. man up and get over it.....

[FG_Frodza]

They're bright yellow for a reason. Get on with life.

[LTDHO]

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.

[TMC]

I would just make a note to myself to look where I'm going.

[99AUXR]

Go back, try walk over it again without breaking other wrist. If not I would deserve to have both wrists broken.

[Nikked]

If it was during work hours....

[XR Martin]

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?

[irish2]

Originally Posted by XR6 Martin

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?

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.

[The Monty]

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.

[BHDOGS]

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

[prydey]

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.

[Windsor342ci]

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.

[Riksta]

Originally Posted by prydey

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.

See there are people out there who WOULD have tried suing the skating rink just to see what they could get out of it.

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.

[Spammy]

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.

[LTDHO]

I'm not asking for advice, I am asking what would YOU do!

[DJR-351]

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....

[DBourne]

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.

[XP6]

Hang on DJR-351 ya forgot to fill out the "pre-task risk assessment" form...

[gtxb67]

Originally Posted by LTDHO

strips on the yellow concrete used as a stopper for the cars.

i am glad it is hypothetical, because i would question why you would undress in a petrol station


like most others i say leave it and get on with life, but until in that situation, most cannot be sure

[noosacuda]

Suck it up Princess and get on with your life.