Injury in a Premier Inn

[AshDunn]

I stayed in a Premier Inn for a night. They told me I had to move rooms and put me in one which was barely made up.

In the shower, after turning on the water, I realised that there was no shower curtain. I was careful getting out but slipped on the water that had pooled between the towel I had put down on the floor and the bath/shower. I sprained my ankle quite badly, bruising it, and also hit my back on the bath.

Complaining at reception, they told me that they were washing the shower curtains and had made a mistake in not ensuring that the shower had a curtain. They did not offer me any help regarding my injuries, or ask if I wanted an ambulance, only tried to blame me for not asking reception for a shower curtain.

Long story short I was out of action five/six days. Used crutches that I loaned from a relative. Could not walk on the sprained ankle. I was not able to make use of two lots of train tickets I had (non-refundable) and lost out on work (I am self-employed).

Visited the doctor about the injuries and went to the hospital.

So my question is what now? A claims company? I went to Premier Inn directly but that have been dragging their feet asking for more and more proof (I already sent photos of the bruising and my contact with my doctor, yet now they are asking for proof of medication I was prescribed when I was never prescribed medication and have never said this). I have asked for a very small amount of compensation to cover the unused travel and missing wages, and I get the impression they are building up to telling me I do not have a case, and/or getting all the information they can before rejecting my claim - should I litigate?

[islandgirl]

just so we know, why did you have to move rooms?

[atticus]

See a solicitor.

That is a solicitor, not a claims farming ambulance chaser.

A good solicitor who handles personal injury cases will let you know if your case is strong enough to offer a conditional fee agreement (i.e. 'no win, no fee').

[AshDunn]

I stayed in a Premier Inn for a night. They told me I had to move rooms and put me in one which was barely made up.

In the shower, after turning on the water, I realised that there was no shower curtain. I was careful getting out but slipped on the water that had pooled between the towel I had put down on the floor and the bath/shower. I sprained my ankle quite badly, bruising it, and also hit my back on the bath.

Complaining at reception, they told me that they were washing the shower curtains and had made a mistake in not ensuring that the shower had a curtain. They did not offer me any help regarding my injuries, or ask if I wanted an ambulance, only tried to blame me for not asking reception for a shower curtain.

Long story short I was out of action five/six days. Used crutches that I loaned from a relative. Could not walk on the sprained ankle. I was not able to make use of two lots of train tickets I had (non-refundable) and lost out on work (I am self-employed).

Visited the doctor about the injuries and went to the hospital.

So my question is what now? A claims company? I went to Premier Inn directly but that have been dragging their feet asking for more and more proof (I already sent photos of the bruising and my contact with my doctor, yet now they are asking for proof of medication I was prescribed when I was never prescribed medication and have never said this). I have asked for a very small amount of compensation to cover the unused travel and missing wages, and I get the impression they are building up to telling me I do not have a case, and/or getting all the information they can before rejecting my claim - should I litigate?

The one I was in had building work going on directly outside - scaffolding being put up, etc.

[AshDunn]

just so we know, why did you have to move rooms?

Thank you.

I was wondering is there is any general, government guidance/guidelines on levels of compensation due. I seem to remember some sort of Government scheme from years ago which compensates set amounts for injuries as a result of attacks, etc. Such as £5,000 if you lose an eye, that sort of thing?

[des8]

Thank you.

I was wondering is there is any general, government guidance/guidelines on levels of compensation due. I seem to remember some sort of Government scheme from years ago which compensates set amounts for injuries as a result of attacks, etc. Such as £5,000 if you lose an eye, that sort of thing?

https://judicialcouncil.ie/assets/up...Guidelines.pdf

[echat11]

Have you read their terms and conditions? it's really up to you to make your case with the evidence you have -

'Our liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.'

https://www.premierinn.com/gb/en/ter...onditions.html

Send Premier Inn's a Subject Access Request, they have 30 days to provide all the data they have on you, it might provide information that might help your case, they moved you, you reported the injury etc.

Make sure you get Proof of Postage. The SAR template is on the right hand pane, 'Shortcuts'.

[dslippy]

The guidelines show amounts for more substantial injuries. You are gathering smaller elements. There will not be similar pre-estimates.

[AshDunn]

The guidelines show amounts for more substantial injuries. You are gathering smaller elements. There will not be similar pre-estimates.

I'm sorry what do you mean?

[AshDunn]

The guidelines show amounts for more substantial injuries. You are gathering smaller elements. There will not be similar pre-estimates.

Sorry to bother you again, I am guessing that you mean here the PDF linked to would not really be comparable to smaller injuries like a sprained ankle - are there guidelines for such a thing?

[des8]

The Judicial college publishes "Guidelines for the assessment of General Damages in Personal Injury Cases"
The full guide is not available on line, but you can probably find a copy on Amazon or eBay for about £20.

However the guide does not include what might be claimable under "Special damages" i.e. loss of wages etc.

Consult a solicitor who will be able to assess your chances of winning compensation and the amount

[AshDunn]

So I received default judgement in my favour. I did not mention this previously because I was under the impression that it was entered in error. And so I would need to litigate again.

I basically made my case via the money claim online site. I asked for a default because Premier Inn did not file their defence with MCOL. Or so I thought.

Premier Inn told me after default that they had emailed the defence to the MCOL, and that it was MCOL's error and I would need to wait for it to be cancelled. Then start my claim again.

But MCOL a few days ago told me that the defence was sent to the wrong email address, and my default stands.

Premier Inn now want me to say I will not enforce the judgment as they are making an application to reinstate the case.

Can I put in an enforcement? I can apparently do this on money claim online site as well. Costs £88.

[atticus]

You can, but what will you do if the application to set the judgement aside succeeds? You won't get the money back.

[echat11]

You should keep a diary of the Defendants failure to comply with procedures and processes, not sure how they can send it to the wrong email addresse. I doubt you are the first claimant to make a claim against them, which they are defending.