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trip and fall outside a shop having building works

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  • trip and fall outside a shop having building works

    good morning people.
    i recently had a trip and fall injuring my back,il start from the beginning.
    The local convenience shop to me is having a block of small flats built on to the side of it,now the flats are id say 50% complete and have had the trench dug out to house the 'services' from the pavement area to the flats.The trench is approx 12" wide by 24" deep.
    Now the protection covering it were only 2" wider than the actual trench itself and was only a piece of soggy wood (due to all the heavy rain recently) and not a proper cover that can be seen on other sites etc etc.
    There was'nt even any barriers or signs saying 'no public access' to use another route to access the shop.
    I went to the shop as i do most days to buy some goods,walked out the shop to go home,stepped on to the 'soggy wood' and it gave way,my leg went down the trench,twisting my ankle and twisting my back in the process,i'd not broken any bones and my ankle soon healed, but my back is in agony all the time.
    I went straight back in to the shop to inform them what had happened and all they said was i should of walked 'the other way round' and went back in to the shop,they did'nt even ask if i was ok!!!!
    It was captured on CCTV from the shop's own system.
    In my eyes it's complete neglegence on the owner and builder's side.
    where do i stand on making a claim for compensation as i have photographic evidence of the offending 'site'
    Regards,
    steve.
    Tags: None

  • #2
    Re: trip and fall outside a shop having building works

    Either write signed for to the shop (it was their building works?) holding them liable and instruct them to contact their PL insurers
    OR (my preferred action) instruct a solicitor (cfa) and let them do the work.

    Get a copy of the cctv recording,, get written statements from any witnesses, write down now what occurred so time doesn't blur the facts, report to LA who have to licence pavement excavations. (or is it too late for all that as it has been backfilled already?)

    Comment


    • #3
      Re: trip and fall outside a shop having building works

      Originally posted by des8 View Post
      Either write signed for to the shop (it was their building works?) holding them liable and instruct them to contact their PL insurers
      OR (my preferred action) instruct a solicitor (cfa) and let them do the work.

      Get a copy of the cctv recording,, get written statements from any witnesses, write down now what occurred so time doesn't blur the facts, report to LA who have to licence pavement excavations. (or is it too late for all that as it has been backfilled already?)
      hi,thanks for that.
      the trench is still open and there was'nt any witnesses as it was neally 9pm and the shop was due to close,therefore not many people about at the time.

      Comment


      • #4
        Re: trip and fall outside a shop having building works

        Speak to a specialist lawyer; the majority do these types of claims under a fee agreement where they'll get paid out of the compensation value recovered from the other side's insurer. Would strongly suggest you do not attempt to deal with it yourself, simply due to the complexity of the process from a LiP point of view.

        Comment


        • #5
          Re: trip and fall outside a shop having building works

          Originally posted by dan_1207 View Post
          Speak to a specialist lawyer; the majority do these types of claims under a fee agreement where they'll get paid out of the compensation value recovered from the other side's insurer. Would strongly suggest you do not attempt to deal with it yourself, simply due to the complexity of the process from a LiP point of view.
          ok thanks,any ideas of a good pi lawyer,i see that many pop up on the tele but im blind to this as iv not done stuff like this before.

          Comment


          • #6
            Re: trip and fall outside a shop having building works

            As we don't know where you live it would be difficult to point you at any one firm.
            Suggest you look here:
            The Association of Personal Injury Lawyers (APIL) is a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work. Many lawyers belonging to APIL are part of an accreditation scheme. The accreditation scheme guarantees members are competent in a particular field of personal injury. Accredited lawyers from Senior Litigator level upwards have at least five years' experience of dealing with personal injury claims. All APIL members promise to follow a code of conduct and a consumer charter. They may be useful in helping you find a solicitor who can deal with your case. You can find out more about APIL at:
            3 Alder Court
            Rennie Hogg Road
            Nottingham
            NG2 1RX

            Find a lawyer helpline: 0115 958 0585
            Tel: 0115 958 0585
            Fax: 0115 958 0885
            E-mail: mail@apil.org.uk
            Website: www.apil.org.uk

            Comment


            • #7
              Re: trip and fall outside a shop having building works

              Originally posted by steve1975 View Post
              ok thanks,any ideas of a good pi lawyer,i see that many pop up on the tele but im blind to this as iv not done stuff like this before.
              It's always good to go local with a firm that has an above average rep. Which city do you live in,? Other members may be able to recommend.

              Comment


              • #8
                Re: trip and fall outside a shop having building works

                Originally posted by dan_1207 View Post
                It's always good to go local with a firm that has an above average rep. Which city do you live in,? Other members may be able to recommend.
                i live in workington,cumbria.
                regards

                Comment

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