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[Help] Where there's blame, there's a claim...











Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
62,461
The Fatherland
Hello good people of NSC

Advice sought please...

So I was just walking the dog, and on way back tripped over a storm drain on the pavement which was open / no warnings.

I have various injuries, cuts and bruises. And frankly the right hump, not least because the dog just sat there looking at me (in all the episodes of Lassie I've seen, I was expecting him to go for help...).

So, on the basis that everybody else does it... any suggestions as to the best way to claim some compensation? Direct to the council, or via claims company? I've already taken photos of injuries and the drain.

Thanks

The Rattler

PS, if Ernest claims I damaged his drain by falling over it, I shan't be stumping anything up for his sausage fund.

What exactly do you need to be compensated for? Have you lost out financially through your injuries?
 


Hastings gull

Well-known member
Nov 23, 2013
4,650
...we become more like the USA every day, if your not badly hurt then thank your luck, have a beer, put your feet up, have a laugh over it and move on. If everyone stopped claiming then there is more tax to pay for services or we can make a claim, causing the council money to be tied up in fighting you legal case and compensation. Only winner the lawyers.
Yes, I do agree with you basically - also that frivolous claims tend to follow, once the flood gates are opened. However, a little of me also thinks that if councils or whoever, knew there was little or no chance of any legal come-back, then they are under less pressure to ensure their work is not a danger to the public with low standards the order of the day.
 








Knocky's Nose

Mon nez est retiré.
May 7, 2017
4,174
Eastbourne
Two ways of looking at this...

1) OP is a money grabbing cry-baby who should man up and look where he's going

2) If everyone manned up and ignored it when they fell down a drain, what incentive is there for the council to give a shit about their drain covers?

The answer is somewhere in between (as with most issues) depending on circumstances.

Personally, I'd rattle their chains. Even if you didn't get any money it's highlight the need for some tighter checks so this doesn't happen again. Either way, you win - or the person who could have fallen down the next one will.
 




Bodian

Well-known member
May 3, 2012
14,063
Cumbria
Two ways of looking at this...

1) OP is a money grabbing cry-baby who should man up and look where he's going

2) If everyone manned up and ignored it when they fell down a drain, what incentive is there for the council to give a shit about their drain covers?

The answer is somewhere in between (as with most issues) depending on circumstances.

Personally, I'd rattle their chains. Even if you didn't get any money it's highlight the need for some tighter checks so this doesn't happen again. Either way, you win - or the person who could have fallen down the next one will.

As you say - the answer is in between. 1.5 if you will.

If you have an accident like this there is no harm in reporting it to the council, and if you want to really ensure something happens, make a formal complaint. But there's no need to demand compensation for something which hasn't cost you anything. Even if the council don't pay up, it costs them in time in having to put together a report for the insurers.
 


Birdie Boy

Well-known member
Jun 17, 2011
4,338
A mate of mine stepped off the curb and into a drain hole about 2 foot below the curb and broke his leg. He sued the council and won, not sure how much he got though.

He didn't mention he was on his way home from the pub and just to rub it in, he is already kissed and retired early fifties.

Someone else I know of, sued the Albion when he slipped on the concourse. Brighton paid out, or more likely the insurers, and the concourse floors were painted a non-slip blue afterwards. It was either east lower or upper this happened and about 5-6 years ago.
 


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