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I'd be grateful for any information opinions about how this case might play out.
I'll try to be concise.
We sub-let part of our caravan sales warehouse out to a pet grooming service (verbal contract, monthly standing order for rent, invoices raised every month, no lease or contract)
They have their own dedicated entrance at the far end of the building.
One of their clients wrongly entered our caravan warehouse entrance which has no signage for the grooming shop
She had arranged to meet the pet groomer owner outside but she arrived 2 minutes early and let herself into our warehouse
She was told "He is not here" by one of our staff when she asked for the pet groomer
She went exploring through our warehouse to find the pet grooming salon
She was not invited into the warehouse or invited to go and look for him.
She opened a huge plywood makeshift door into our loading bay and fell down the step immediately beyond the door
She broke her wrist in 2 places
The large plywood door she opened did not have a sign on saying "no entry" or "staff only"
The single step down did not have a sign nearby saying "caution: step" or similar.
There was no light on in the area where she fell and she later commented that it was a bit dark.
The lady is in her 60s and her daughters are pushing her to sue us.
Online research suggests average payout for wrist breaks is between £5-£8k
As she entered our building without permission and then led herself through our warehouse we believe we may have a good defense or that we could even counter-sue her for trespassing. We only open on a "view by appointment" basis and there was no "open" sign on our door.
How do you think this situation will play out?
We are considering offering her a quick resolution payment of £1200 in the hope that her daughters will be satisfied with a quick and easy payment rather than a longer legal battle or the prospect of forcing them to defend a trespassing charge.
What do you think will happen?
What would you do?
I'll try to be concise.
We sub-let part of our caravan sales warehouse out to a pet grooming service (verbal contract, monthly standing order for rent, invoices raised every month, no lease or contract)
They have their own dedicated entrance at the far end of the building.
One of their clients wrongly entered our caravan warehouse entrance which has no signage for the grooming shop
She had arranged to meet the pet groomer owner outside but she arrived 2 minutes early and let herself into our warehouse
She was told "He is not here" by one of our staff when she asked for the pet groomer
She went exploring through our warehouse to find the pet grooming salon
She was not invited into the warehouse or invited to go and look for him.
She opened a huge plywood makeshift door into our loading bay and fell down the step immediately beyond the door
She broke her wrist in 2 places
The large plywood door she opened did not have a sign on saying "no entry" or "staff only"
The single step down did not have a sign nearby saying "caution: step" or similar.
There was no light on in the area where she fell and she later commented that it was a bit dark.
The lady is in her 60s and her daughters are pushing her to sue us.
Online research suggests average payout for wrist breaks is between £5-£8k
As she entered our building without permission and then led herself through our warehouse we believe we may have a good defense or that we could even counter-sue her for trespassing. We only open on a "view by appointment" basis and there was no "open" sign on our door.
How do you think this situation will play out?
We are considering offering her a quick resolution payment of £1200 in the hope that her daughters will be satisfied with a quick and easy payment rather than a longer legal battle or the prospect of forcing them to defend a trespassing charge.
What do you think will happen?
What would you do?
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