Accident at a restaurant

spacey2012

Had she consumed any Alcohol during the visit ?

Nicky321

NotRichAtAll wrote: »

Was your Aunt forced at gun point to accept this table? perhaps your Aunt could of spoke out and refused the table had she not been happy with the location of it.

NO SHE WAS NOT! however the point is the bracket should NOT have been left protruding from the wall when the radiator had been REMOVED! if your input is purely sarcastic I think you should keep your comments to yourself.

WestonDave

Worth bearing in mind that in a compensation claim the significant cash amounts derive from loss of earnings and long term care requirements - the amounts awarded for pain etc are relatively small. Whilst I'm sure it was a painful and upsetting experience, its unlikely to be a long term injury requiring ongoing nursing care or home support etc, and its reasonable to assume that at 69 she is retired. On that basis you may struggle to find a solicitor who thinks a claim is viable especially if there is a split liability due to her stepping back and partially causing the fall. Obviously seek advice, but I'm just trying to manage your expectations - there isn't a big sum waiting on this one, and it may be (depending on the fee terms offered) that a claim might not be worthwhile bearing in mind costs etc.

Nicky321

spacey2012 wrote: »

Had she consumed any Alcohol during the visit ?

She had taken a couple of mouthfulls from her glass of wine, nothing more

Nicky321

WestonDave wrote: »

Worth bearing in mind that in a compensation claim the significant cash amounts derive from loss of earnings and long term care requirements - the amounts awarded for pain etc are relatively small. Whilst I'm sure it was a painful and upsetting experience, its unlikely to be a long term injury requiring ongoing nursing care or home support etc, and its reasonable to assume that at 69 she is retired. On that basis you may struggle to find a solicitor who thinks a claim is viable especially if there is a split liability due to her stepping back and partially causing the fall. Obviously seek advice, but I'm just trying to manage your expectations - there isn't a big sum waiting on this one, and it may be (depending on the fee terms offered) that a claim might not be worthwhile bearing in mind costs etc.

Its not about the money and yes I don't think she would be bothered. I was originally asking so that if she did decide we knew what steps to take. The main point is an accident has occured and maybe they should ensure no further accidents like this happen again.

larkrisetocandleford

So the access to the fixed seating was flush with an 8" unguarded drop? That sounds very poor H&S to me.

spacey2012

The fact she had consumed Alcohol will not help, we hear "just wine" like it is some healthy option, but given wine can be 11% and upwards proof, this would be used to reduce liability to something like 50/50.

The step edge would have to have what is called a nosing and be clearly marked with a contrasting colour and the bracket should have been removed.

I would start by contacting a conditional fee Solicitor ( the new version no win no fee) .
The defence will contest that if she had not been drinking she would not have fallen to reduce liability share.

Nicky321

Thankyou again for the helpful and useful information I will keep you informed as to what happens

dacouch

spacey2012 wrote: »

The fact she had consumed Alcohol will not help, we hear "just wine" like it is some healthy option, but given wine can be 11% and upwards proof, this would be used to reduce liability to something like 50/50.

The step edge would have to have what is called a nosing and be clearly marked with a contrasting colour and the bracket should have been removed.

I would start by contacting a conditional fee Solicitor ( the new version no win no fee) .
The defence will contest that if she had not been drinking she would not have fallen to reduce liability share.

A licensed premises has an extended duty to take into account their customers may be intoxicated.

You can trip over in a nightclub and fall onto glass in a nightclub and be able to claim.

You can also perform the same fall in a nightclub onto glass and not be able to claim if the club has a decent H&S policy

dacouch

larkrisetocandleford wrote: »

So the access to the fixed seating was flush with an 8" unguarded drop? That sounds very poor H&S to me.

A step next to seating does not automatically make the restaurant liable.