Accident in Company Car Park

girlinabox

Thank you for all of your answers.

Sorry to sound really stupid here but what do we do now? OH spent ages on the phone to Swinton yesterday and they were not interested - even on his legal expenses. Who does he contact now and what does he say?

girlinabox

mattymoo wrote: »

Will depend on nature of their tenancy. If they are the sole tenant and on a full repairing lease then you would pursue a claim against the employer.

However, I gathered this was some kind of underground car park affair and these are often found in multi tenure offices. In that case the landlord and their agents will maintain this communal area and the claim would be against them as per my earlier post.

It isn't an underground car park it is opposite his building and is shared by other companies, as is the car park. It is the Express Building in Manchester if that helps any?

Batchy

the reason a helmet is not worthy of using after it has been dropped from a high greater than 3-4 foot is it has a foan inside that one compressed doesn't retain it memory, so what might seem to be a perfectly solid helmet, would be a helmet with 100% [;astic structure, but with a hollow point of the previous impact, making it weaker, and likely to split on re-impact.

To the poster above who re-uses helmet after dropping ... be careful. its not visable damage you should worry about! Its the compressed foam inside.

Good luck... take them to small claims court... simple!

Batchy

They have a duty of care... from a health and safety point of view... its very damgerous, contact local council

shelly

Batchy wrote: »

the reason a helmet is not worthy of using after it has been dropped from a high greater than 3-4 foot is it has a foan inside that one compressed doesn't retain it memory, so what might seem to be a perfectly solid helmet, would be a helmet with 100% [;astic structure, but with a hollow point of the previous impact, making it weaker, and likely to split on re-impact.

To the poster above who re-uses helmet after dropping ... be careful. its not visable damage you should worry about! Its the compressed foam inside.

Hi Batchy. I am the above poster who re-uses her lid after dropping it.

I mentioned this thread to hubby last night and he said exactly the same as you about the foam inside compressing from a heavy knock and not regaining shape thus making the helmet weak at that point.
I than asked him why he still allows me to use mine then! He said 'you don't drop it from a great enough height to damage it seeing as your a short !!!' :rotfl:
I'm under 5ft tall

LinasPilibaitisisbatman

Batchy wrote: »

They have a duty of care... from a health and safety point of view... its very damgerous, contact local council

Highly likely but certainly would need to prove this and the OP hasnt as of yet.

Crazy_Jamie

LinasPilibaitisisbatman wrote: »

Highly likely but certainly would need to prove this and the OP hasnt as of yet.

As I said above, I would plead res ipsa loquitur, which if accepted does not require any further evidence on the part of the OP.

Batchy

shelly wrote: »

Hi Batchy. I am the above poster who re-uses her lid after dropping it.

I mentioned this thread to hubby last night and he said exactly the same as you about the foam inside compressing from a heavy knock and not regaining shape thus making the helmet weak at that point.
I than asked him why he still allows me to use mine then! He said 'you don't drop it from a great enough height to damage it seeing as your a short !!!' :rotfl:
I'm under 5ft tall

Hi Shelly,

it does need to be a fair old whack, a simple tap on the plastic wouldnt make much difference.

but if it falls off the side board in the kitchen on a hard floor rather than Carpet, this could be enough, have to be very careful with your helmet. Just be aware of this!

Happy riding, I also have a Motorbike, I treasure my helmet! :-) beside the fact if cost me nearly 300 notes... lol

:-)

regards

Mark

olly300

girlinabox wrote: »

Thank you for all of your answers.

Sorry to sound really stupid here but what do we do now? OH spent ages on the phone to Swinton yesterday and they were not interested - even on his legal expenses. Who does he contact now and what does he say?

Simply because the case is a small claims court issue which you can sort out yourself. Either the management company or the building owner has the insurance to cover this.

Get the details of the building management company - google it if you can't find it anywhere on the building or by asking at reception/security.

Find out the cost of the same type of helmet. And buy it if you need to. Then photocopy the receipt. If you don't buy it ask the bike shop to give you a quote for the same time of helmet on headed paper.

I suggest your OH should buy a helmet because if he has an accident between now and when the company coughs up then he could be seriously injured.

Then write a letter to them send it by registered delivery giving details of what happened and asking them to pay for the cost of the new helmet. Enclose a photocopy of the receipt/quote. State in the letter they have 28 days to pay up and state if they don't you will take them to the small claims court and you will claim all additional costs from them.

After 28 days if they have not indicated they will pay or replied that the property owner has the insurance to cover this, send them another letter by registered post, refer to your previous letter in one line and this time give them 14 days to pay up. Then go to moneyclaimonline and enter a claim.

If they write back that the property owner is liable then you need to chase up the details of the property owner.

Large companies delay paying if possible which is why you need to use registered delivery to send your letters otherwise they will deny getting them.

Rolandtheroadie

Has there been a history of light fittings falling?
Has someone else been seriously hurt or killed by said light fittings in the past?
Is there any reason for those responsible for the mtce of the light fittings to remove the fixings and inspect them for any corrosion that could cause a fixing to fail resulting in the fixture to fall?
How old is the helmet? What light sources has it been exposed to during it's lifespan? How is it stored when not in use?
Perhaps theres a nationwide issue here requiring all car park owner/operators in the whole of the UK inspecting all fixtures and fittings as a matter of urgency.

OR it might just be a case of !!!! happens.