Personal Injury Claim?

aggypanthus

Poppie68 wrote: »

To be honest it was your fault YOU fell into a large pot hole. while walking on land like this care should be taken and vigilance displayed. Are the CB responsible for the purpose built entrance for walkers on their land? It maybe an entrance that has been opened up over time by other walkers that believe they have a right to walk the land freely!!!! You may find you have been trespassing or the CB are the ones at fault, myself i would just get on with life and learn from my own mistakes in this and be thankful i had'nt broke my neck.

so if you had done this and broken your back or neck, and needed longterm care, would you stil lnot claim?

unholyangel

dearlouise wrote: »

I won't comment on your username.

I wasn't fully aware there was pot-holes actually. I walked on the land once/twice a month or so, for 5 months before the accident. There were no pot-holes.
It was my fault? For slipping into a huge pot-hole and fracturing my ankle? Oh yes, you've enlightened me. It was all MY FAULT!

While I didnt make any criticisms in my previous reply......what you say here doesnt tie in with what you say in your OP.

However there is a road which is still sometimes used, which is full of pot-holes, some a metre wide and 6" deep, and metal protruding from the ground in some places. It's quite dangerous.

Potholes a metre wide and 6" deep dont just spring up from nowhere, they take time to develop.

I cant quite understand why one day there was no potholes then on your next visit a week or two later, the road was "full of potholes".

Some of the replies you've taken offence to are no different to what is likely to come up in court. Falling on someone elses land doesnt automatically make them negligent. In most fall cases, the best case scenario is contributory negligence.

When on the internet, you need to have a bit of a thick skin. We're not really here to comfort your feelings, we're here to provide advice and (yes) our opinions

aggypanthus

George_Michael wrote: »

You were fully aware that it was full of potholes and "quite dangerous" yet you still chose to walk there and because you were injured due to your choices and actions, you are looking for someone else to blame.

I take it that personal responsibility isn't included in the subjects that you teach.

imagine this..same patch of land, your child fell in a deep water filled hole and drowned, was it the childs own fault for not looking? Its for the law to detetmine liability.

Hintza

dearlouise wrote: »

If a postman injured himself on MY property, I'd get sued.

Yes you might, but the postie has an implied right of access on to your land and is not trespassing. Whilst you were trespassing on Coal Board land.


There is a lane belonging to us that leads up to my house of over 600m in length, does the fact that it is tarmaced give you the right to use it? (Assuming English Law we are talking about here)

Hintza

aggypanthus wrote: »

imagine this..same patch of land, your child fell in a deep water filled hole and drowned, was it the childs own fault for not looking? Its for the law to detetmine liability.

Glad someone is thinking of the children!

Poppie68

aggypanthus wrote: »

so if you had done this and broken your back or neck, and needed longterm care, would you stil lnot claim?

Thats the point though she didn't break something that will have substantial impact on her life and leaving her with longterm care, while i appreciate she may of had a short period of pain i'm sure it will not impact the rest of her life.

Poppie68

aggypanthus wrote: »

imagine this..same patch of land, your child fell in a deep water filled hole and drowned, was it the childs own fault for not looking? Its for the law to detetmine liability.

Again what if's!!!!!
It wasn't a child and as far as we know there wasn't any deep water filled hole. This was a an adult walking a dog onto someone elses land that should really take more care and watch were they are walking. If there was a pot hole infront of me im pretty sure i would notice it as i would be more aware of my surrondings on land like this. If the hole was partially covered by long grassi would be even more sharp eyed, i've walked on plenty of fields and ridden horses many times on land like this and have managed to avert accidents to myself and the horse by opening my eyes.

Crazy_Jamie

dearlouise wrote: »

It was reported at the hospital, yes. They will have a record.
I do have photographs.

Both of these are potentially positive in terms of your prospects of success. As I said previously, you need to go to a solicitor with this. Also, you're not going to get anywhere engaging with people who automatically take a stance against personal injury claims. I wouldn't waste my time on that if I were you.

dearlouise wrote:

Last time I checked, they were magistrates in court?

You find Magistrates in a Magistrates Court. Personal injury claims are brought in the County Court, where you find various types of judges, most commonly District Judges.

aggypanthus

Poppie68 wrote: »

Again what if's!!!!!
It wasn't a child and as far as we know there wasn't any deep water filled hole. This was a an adult walking a dog onto someone elses land that should really take more care and watch were they are walking. If there was a pot hole infront of me im pretty sure i would notice it as i would be more aware of my surrondings on land like this. If the hole was partially covered by long grassi would be even more sharp eyed, i've walked on plenty of fields and ridden horses many times on land like this and have managed to avert accidents to myself and the horse by opening my eyes.

Fair points.

I would expect persons just looking for a payout would have acted asap, not the after 3 months. I think I would seek advice if it were me.

gik

aggypanthus wrote: »

Fair points.

I would expect persons just looking for a payout would have acted asap, not the after 3 months. I think I would seek advice if it were me.

It was 15 months ago....March last year. Why wait so long?