loss of earnings claim?

custardy

okay please no flaiming about money grabbing yada yada
genuine questions here.

My OH started a new job a couple of weeks ago after being made redundant from her other job.
on her way to work she popped into cafe,however as she went in the door she slipped on the wet floor.
it was a very wet day.
there was no wet floor sign in place.
as she lay on the floor three guys came in and nearly did the same!
I havent been to the cafe so have no idea of the layout.

right so background done.
she has broken her wrist in two places
hosptial has tried resetting it but to no avail,so she is in for an operation on Thursday to get it pinned.i believe she is getting one of those frame affairs that go through the skin :shocked:

so she is in a new job with no sick pay.(so far her employer has said they will keep her job open)
we have paid for a months nursery but cant really get the boy to nursery bar paying the nursery extra + taxi fares.
my OH's PPI may cover her mortgage payments though we still havent had a payment from the redundency cover :rolleyes:

so do we have any recourse over the cafe owner for loss of earnings?
I'm not talking damages here but with her loss of earnings and me having to probably take unpaid leave from work we have some tight times ahead.

simpywimpy

I would definately see a solicitor on free consultation basis about this as it seems she has suffered a serious injury if she has to have a Livarov frame done.

I would imagine from what you say that there should have been a sign warning people of the hazard but Im not 100% sure. You could try the citizens advice too if thats easier.

dacouch

Mysolicitorisbetter wrote: »

You have to show neglience

All the cafe need to do is show that they were aware of the danger and did their best to avoid it.

Given its a door and its a wet day its not hard to suggest this would be near impossible to avoid.

Putting a warning sign would have been the reasonable precautions

System

Where would you put the sign? If people were slipping AS they came through the door then having it inside the cafe would be inneffectual. Putting the sign outside would be a definite trip hazard and also probably against council byelaws for street furniture.

Oldernotwiser

Sometimes accidents just happen - they don't have to be anybody's fault.

GotToChange

I sympathise with you OP. In these days of rampant H&S, pevention of one incident seems to be a risk of causing another *sigh*.

I actually think that you should put out feelers (CAB, free legal advice?) to see if a "loss of earnings" (which may end up being called "damages") is worth pursuing.

I would think that any business that involves the public would have public liability insurance - which would cover a claim? - so the onus is on them to wriggle out of, rather than you have to prove much at all. Assuming of course details of the occurrence - including witnesses? - are being kept/collated.

Good luck.

Of course, it's only my opinion.

custardy

GotToChange wrote: »

I sympathise with you OP. In these days of rampant H&S, pevention of one incident seems to be a risk of causing another *sigh*.

I actually think that you should put out feelers (CAB, free legal advice?) to see if a "loss of earnings" (which may end up being called "damages") is worth pursuing.

I would think that any business that involves the public would have public liability insurance - which would cover a claim? - so the onus is on them to wriggle out of, rather than you have to prove much at all. Assuming of course details of the occurrence - including witnesses? - are being kept/collated.

Good luck.

Of course, it's only my opinion.

no witnesses im afraid.
she was in too much of a flap to get to work.
an ambulance was called but she told them not to as she was near work and the A&E is under a mile from where she was

Rockporkchop

What awful bad luck, I hope the operation is successful.

Have you checked whether you are entitled to any benefits until your OH is earning again? I guess it would all depend on how you much are earning and how much savings you have, but maybe worth checking.

I don't know what they are like, but the TV advert for Accidents Direct has a woman slipping on a wet patch and damaging her knee, then being given a decent sized cheque for her trouble. There is a claim form for slipping in a shop if you check their website.

To be honest I can't decide whether the cafe is at fault or whether it is just one of those things.

custardy

Rockporkchop wrote: »

What awful bad luck, I hope the operation is successful.

Have you checked whether you are entitled to any benefits until your OH is earning again? I guess it would all depend on how you much are earning and how much savings you have, but maybe worth checking.

I don't know what they are like, but the TV advert for Accidents Direct has a woman slipping on a wet patch and damaging her knee, then being given a decent sized cheque for her trouble. There is a claim form for slipping in a shop if you check their website.

To be honest I can't decide whether the cafe is at fault or whether it is just one of those things.

ooofff i hate that advert,its that thud sound
we havent looked to any benefits or the like.
im working FT and with/if the PPI covers the mortgage then i doubt we would get much if anything.
once we get the op out of the way (tomorrow) then hopefully we can get things sorted

geri1965_2

Oldernotwiser wrote: »

Sometimes accidents just happen - they don't have to be anybody's fault.

Yes they do, but unless a claim is made and the circumstances are investigated, nobody will know if this will be one of those cases.

It would be relatively easy for cafes and shops to have matting at the entrance to avoid people bringing in water from outside on a very wet day.

olias

Get her to check her house insurance. She may have legal cover which would take some of the expense out of making a claim, or at the very least mean she can get free legal advice on whether to make a claim.

Olias