Public Injury Claim

[Guest]

Hi there,

Yesterday my wife was rushing to get to an appointment in town and tripped over a metal sign that was on the floor over the footpath. She fell flat on her face and said a few shop owners witnessed it (it was a side street with small shops).

The only significant injury she has is with her foot. When she kicked the sign it hit the top part of her foot and has caused swelling and obviously quite a lot of pain.She cant fully walk on it but can apply a little pressure.

She said the sign was a direction sign for the shop to be found in a little back alley but as she hobbled back someone had lifted it up and ot was propped against the wall rather than free standing.

My ultimate question is, do you think she has a case to claim for compensation? Yesterday she laid up for the rest of the day and today although her foot has improved slightly shes still in pain and cant use it properly.

Thanks!

Josh

[Amethyst]

Probably although whether it would be worth the effort and upset is another matter. It sounds like your wife has bruised her foot and although it's going to be a bit sore it's not going to cause her any loss ( days off work etc). Be careful and research properly any companies you look at if you decide you do want to make a claim - some might try to get you to exaggerate injury which only ends up with you being held responsible for fraud ( there have been a couple cases recently in the press )

The council does have rules on pavement signs so you could raise the issue with them, and with the shop, so they ensure they follow requirements to secure signage to prevent anyone else hurting themselves next time it's windy.. example Wigan council - https://www.wigan.gov.uk/Resident/Pa...pavements.aspx

Tagging des8 for you xx

[des8]

Hi there
first thing is to have the injury seen and recorded by a doctor, either GP or A&E.
This will be necessary if you intend to make a claim (and is precautionary in case the damage is worse than is first thought !)

Whether or not at the moment you intend to make a claim:
Did you notify the shop keeper of the incident? If not do so now.
You should tell the shopkeeper that you hold them liable for the injury and they should notify their Public Liability Insurers of the incident.
Also mention that you will quantify your claim later (which will include any costs incurred plus damages for pain & suffering & loss of amenity)

I would have a chat with the shop, but at the same time give them full details in writing, and tell them you are considering your position

I certainly would not use any claim companies because the injury sounds so slight they would not be interested as not viable for them.
As Amethyst indicated this leads them to exaggerate injuries with adverse consequences.
You might as well negotiate any claim yourself direct with the insurers.
Trust your wife recovers soon