Severely damaged ankle.. do I make a claim?

plummie2003

Hi, basically I was in the carpark of a Greene King family put on Friday evening and the light directly above where our car was parked was off making it really difficult to see anything. whilst walking round the car i put my foot in an almost impossible to see drain and went over on it. I ended up in a&e having 'badly sprained my ankle and damaged my ligaments and tendons'.

I am not normally the kind of person who would consider 'seeking compensation' etc as I know some people who just do it because they can if that makes sense. But I literally cannot walk, I have two young children aged 2 and 6 months, and since the accident it has been so much hassle and so ridiculously painful like I cannot even describe. I have sprained my ankle before but this is a whole nother ballgame!!

Anyway I was just wondering what you would do? Greene King is a large chain and I think it is very irresponsible to have lights off in the carpark especially when the drains are about 4 inches below the carpark level.. I am just a bit stuck, I would like something to be done about it but dont know where to start, who to speak to, or if it is even worth it. I would be really appreciative of any advice or opinions. Thanks!

sassyblue

plummie2003 wrote: »

since the accident

I think it is very irresponsible to have lights off in the carpark!

It was an accident, you said it yourself.

Maybe the lights weren't working and not just turned off in which case yes I'd consider writing and pointing that out but apart from that l wouldn't claim.

Unfortunately there's never a right time to have an accident can you get help, you don't mention a partner? At least it's only sprained and not broken so recovery will be quicker. X

plummie2003

Hi, yes I have a partner but he works 14 hour days so I am alone alot of the time. To be honest I dont really even want compensation, I have written to them explaining what has happened etc, and would be happy if i received an apology for the light being out.

If I do not hear anything from then though I will be really annoyed and more inclined to pursue it as those drains really are lethal. I thought I had broken my ankle, thats how painful it was! But yes I agree at least I should be able to walk on it within a few days and Its not in a cast!!

Thanks!

sneezyboots

sassyblue wrote: »

It was an accident, you said it yourself.

At least it's only sprained and not broken so recovery will be quicker. X

I agree with the first part of this, an accident is just that. Unfortunate as it is

If you have actually properly damaged the ligaments though they will take FAR longer than a break to heal and you should be very careful with the joint as they are healing. Damaged ligaments usually take between 3-12 months to heal completely and many need phsyio.

HurdyGurdy

Well, your thread title is "do I make a claim", so to say you don't want compensation is contradictory to the title.

If you did make a claim, and were successful - what difference would a chunk of cash make, after maybe three years (as that, as I understand it, is how long these kinds of claims can take). How would it improve your ankle?

If you really don't want compensation, then just contact the manager of the establishment and say that you feel it is dangerous for the lights to be turned off while customers are leaving, and is there any reason this was done?

It may just have been a faulty light fitting or something, which can be easily fixed.

Mrs_Imp

Please make sure that the incident has been logged in their accident book.

It may be worth checking the depth of the drains below the carpark and taking a photo (put something in it to act as a scale).

There's no harm in seeing if you can get a free half hour with a solicitor to discuss it, especially if you are now having to spend money on taxis etc. A solicitor should be able to tell the difference between a genuine accident, and negligence.

Callie22

If you are thinking of doing anything then I'd recommend getting someone to go back to the pub asap and get some photos of the drain. I know when a relative of mine slipped and shattered their elbow on a broken drain cover, within 24 hours of them calling the council the drain cover had been repaired, despite it being left broken for months ...

Mrs_Imp

Further to what Callie said, see if anyone can go back at night and photograph/video the fact that the light is out.

rogueylawyer

Get it reported, get photographs of the drain and if possible, a photograph of the area at night showing that particular light is out.

Was it definitely in the car park, and not on the street? If it falls on their property, it is a public liability personal injury claim. The difficulty is in proving they are negligent (the light being out is not self evident proof).

You may need some physiotherapy on the ankle and that is something a good solicitor may be able to help with. You shouldn't really need a half hour's free advice as you'll be looking to claim your costs from the pub; it's unlikely you would need to pay up front or hourly for this kind of work

Person_one

What financial losses have you incurred?

If the answer is 'none, really' then no solicitor will take your case on. Compensation is to compensate for your loss, and if you've got a minor injury with no long term problems and no loss of income then the damages you get wouldn't be worth the cost of pursuing it in court.

If you just want an apology, go with the complaint letter, you never know they might throw in a voucher or a freebie as a goodwill gesture.

gazza975526570

Person_one wrote: »

What financial losses have you incurred?

If the answer is 'none, really' then no solicitor will take your case on. Compensation is to compensate for your loss, and if you've got a minor injury with no long term problems and no loss of income then the damages you get wouldn't be worth the cost of pursuing it in court.

I'm sorry, your wrong.

OP - if you want to pursue a claim then contact a solicitor. (If you have legal cover on your Home or Motor Insurance they will likely take it on for you). If you dont try to get a recommendation from someone you know.

Good Luck.