Injury Claim

jaynee121

My husband missed the bottom step of 2 steps coming out of restaurant, an ambulance was called and he was in hospital for a week and has a broken hip, the steps did not have any mind the step signs or chevron tape as a warning also no hand rail. The colour of the steps were the same as the flooring making it dangerous to see. Any advice as to whether I should make a claim regarding this, thank you

DullGreyGuy

Its purely you choice and having not seen the steps in question its not possible to judge however the fact that he missed it rather than, for example, it being slippy as there had been a spillage that hadn't been cleaned up, does make it more questionable. 

A broken hip is going to be painful, as a mild understatement, but money isn't going to take the pain away. For some they'll sue if there is any chance of getting anything, others may think its more dependent on the actual financial impact its had... is he off work without sick pay? Is he a pensioner so income is unaffected? etc etc

Penguin_

Had you husband had any alcohol? 

jaynee121

Just a pint with his meal. I would have expected the steps to have some kind of warning to be fair even if it was just the black and yellow chevron tape.

Flugelhorn

apart from the pain of the hip and hospital stay etc - have you had any costs / financial loss that you can quantify?

jaynee121

I have had to buy adaptions for the house, i.e single bed downstairs plus single bedding, toilet riser etc. It's really the fact that it shouldn't have happened, if the correct precautions were in place by the Restaurant then this would not have happened in the first place.

TonyMMM

You would need to show that the restaurant were somehow negligent, or that there was some breach of regulations regarding the steps (I'm not sure chevron tape, or a handrail is an absolute requirement for instance) ....

Ayr_Rage

Did you go in the same way?

What are these "correct precautions" that you think were required?

Personally I think you are clutching at straws unless there was a legal requirement for markings and railings.

Also, as alcohol was involved then that could be seen as a factor.

IvanOpinion

I am assuming he climbed the steps on the way in, so he knew they were there.
All houses in our area have 2 steps to get in both the front and back doors, none of us have rails, signs or black and yellow chevron tape - should we have?
It's unfortunate, but it is what I would call a self-inflicted accident.
I wish him a quick and speedy recovery.

swingaloo

Its crazy to expect chevron tape everywhere there are a set of steps. On my local high street there are steps outside the town hall, library, 2 banks, a hairdressers, 2 cafes and a gift shop. 

People go up and down steps every day and its just life. Its unrealistic that places should be expected to nanny the public for fear of being sued. 

Unless they were negligent then its a simple accident or carelessness.

jaynee121

No we didn't go in that way so we weren't aware of these steps, also my husband had one pint with his meal.