Advice on health and safety issue please

webmasterpolo

On the 30th Dec in a chinese restaurant my gf and I ate with a large party upstairs. On the way dowen the stairs at the end of the night one of the trims on the edge of one of the steps was loose and caused my gf to slip. In doing so she damaged the heel of her brand new boots. They were a xmas present and this was their first outing.

I have called the restaurant on 2 occassions and both times spoken the manager. The first time I was meant to received call back which I never did, so I chased it again yesterday, spoke to the same guy who claimed to have never spoken to me before.

He gave me exactly the same story as the first time which is that he wants to go through his insurance company for the sum of £85 for the boots. I think this is a little strange for only £85, but have agreed for the second time to allow him to call his insurance company and call me back.

The deadline for the second call back has now passed and he has not called for the second time.

Any advise on how to tackle this issue?

The main thing I want is to have the boots replaced as I do not want them repaired as they are only hours old and I don't want it to cost me anything.

Thanks in advance.

-Web

Rubyru_3

If you have got the receipt take them back.Infact they are faulty so depending on the store you probably woundn't need the receipt.It will be obvious that they have only had slight wear
I would be suprised if you get any joy from the restaurant ingnorance is bliss in this sort of situation.

webmasterpolo

How would the store accept they were faulty if they were damaged falling off a step?

Is there a plausable explanation that would make the store accept that a chunk of the heel is missing due to them being faulty?

-Web

Fraserca

Write a letter to the business saying what happened, enclose a photocopy of the receipt for the boots and ask for the full amount in compensation.
Mention that if you do not hear from them in 14 days you will pass it on to a debt collection agency and any judgement against them will affect their business credit rating with their bank.

You don't have to wait for them to sort out an insurance claim - insurance is not the issue - they owe you damages and thats it. Its a poor business that can't pay a bill of £85.

Maenwhile if you want to contact your local council about the Health and Safety issue then phone their switchboard and they will put you through to the right department.

If they don't pay you can also make a small claim using this proceedure

https://www.moneyclaim.gov.uk/csmco2/index.jsp

mike55_2

if you ask the restaurant who their insurers are, and its been reported, its down to the insurance company as far as i'm aware.

ppl have tried to claim against me for similar things, but once its reported, its out of my hands. i look at it, try to work out whats happened and who could be to blame, and if i think its not me, its passed to insurers. after it is,i don't have to answer any questions apart from to say who my insurer is. they then pass the questions on to me, but i do report any claim and acknowledge that i'm aware of it.

i don't think that goes anywhere near answering your question, but thats how its worked for me in the past.

teeceeare

I don't think you can issue on https://www.moneyclaim.org as, although you seek a fixed sum of money, its actually a claim in negligence. The service has not yet been extended to general claims beyond debt recovery and similar fixed sum claims. BUt you can issue in the small claims court in person - at your local county court - someone will be available to help you. But a letter to the resturant giving 5 days before you issue will probably result in a cheque.

Make sure there has not been an injury however small. Even a sprain that results in discomfort for a few days qualifies. If you settle and later on your girlfriend begins to suffer from a weaked ankle it will then be too late to claim.

mike55_2

teeceeare wrote:

Make sure there has not been an injury however small. Even a sprain that results in discomfort for a few days qualifies. If you settle and later on your girlfriend begins to suffer from a weaked ankle it will then be too late to claim.

thats good advice teeceeare.

i claimed for 2 broken ankles a 'few years' ago and settled for a thousand. it never occured to me that the ankles would be so weakened that i'd have problems in later life, which i did. and theres no going back as far as i'm aware.

i'd check the boots were manufactured up to standard and that the restaurant followed all h&s rules, especially public liability.