Injury caused by negligent contractor on public footpath

#1 2012-09-04 17:21:30
junior123

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2012-09-04

Posts: 4

Injury caused by negligent contractor on public footpath

Hi all

Really after some help here.

Last week i was walking down a public footpath when i tripped over a ladder which was left unattended in the middle of a pavement. I landed badly but it wasnt til the following day that i sustained pain to my shoulder and lower back, i also have a clicking noise of my shoulder blade when its rotated (albeit painfully).

I contacted my Doctor and im being sent for an Xray to check for damage, im also on painkillers for the pain. I cant do any heavy lifting and have been placed on light duties at work in the short term (as i only get SSP i cant afford to be off work).

In short an unattended ladder was left in the middle of a pavement, no signs or guarding to warn of this, and the ladder wasnt protected by any red/white barriers or cones. My vision was obscured by the blazing sun which is why i feel i did not see the ladder to avoid it. The gentleman whose ladders they were came out, asked how i was and watched me get up, he then said "dont say anything i'll get sacked". After coming round i walked to my car and took photos of the scene, which show the unguarded ladder, the gentleman then got aggressive and told me to drive away. He made no attempt to cordon off his area after this incident. The company in question is a multi billion pound UK company.

I personally feel ok, still very shook up and in a large amount of pain with my shoulder and back but im getting by. Obviously friends are advising i put a claim in for this incident but i dont want to cause a scene really. The incident has ben reported to my GP but no one else.

Can anyone advise on what to do here please?

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#2 2012-09-05 10:19:41
Direct2Solicitors Ltd

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2012-08-22

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I would be more than happy to present a claim on your behalf on the basis of the evidence that you have given so far.  Clearly, you do need to ensure that the details of your accident are recorded with the 3rd party.  It sounds like the contractor that you spoke to/saw in the aftermath would not have recorded this incident at all.  Therefore, I suggest that you look up the company and contact their offices to report the matter and put them on notice of the incident.

It is good that you have taken a photograph of the ladder blocking the footpath and sought medical attention from your GP, which will (of course) be ongoing at this time.

There could be an element of contributory negligence against you as although the ladder should not have been left on the path, it may be fair to say that you should/could have seen it and therefore avoided it, but that is for a later date and we would certainly start on the basis of holding them 100% liable in this matter.

Kind regards

Ian Morris
Direct 2 Solicitors Ltd

No Win No Fee Personal Injury Claim Specialists
www.direct2solicitorsltd.co.uk

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#3 2012-09-05 12:22:40
junior123

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2012-09-04

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Ian

Many thanks for your email it is reassuring. I will look up the company and report this to them as you advise, as as you state I doubt this will have been reported. Would I just send an email advising of the incident etc or send them a formal statement.

Many thanks for your advice.

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#4 2012-09-05 13:35:01
Direct2Solicitors Ltd

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2012-08-22

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Hi, an email would be ok, but I would also advise phoning them up and speaking to someone and also getting their address and sending a letter via recorded delivery, keeping a copy along with proof of posting.  Whilst this may sound a bit OTT, it does provide good evidence in the future, if the 3rd party attempted to claim that the matter had not been brought to their attention and reported.

The letter/email should be worded as a letter, but simply wishing to draw their attention to what happened, the attitude of the contractor and also of your injuries.  I would not submit any evidence to them, such as the photographs etc as this can be done when a claim is made in due course - if that is what you decide to do.

As I said, we would be more than happy to manage this claim for you and I look forward to hearing from you.

Kind regards

Ian

No Win No Fee Personal Injury Claim Specialists
www.direct2solicitorsltd.co.uk

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#5 2012-09-05 20:51:57
junior123

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2012-09-04

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Ian

I have just drafted my letter to the company as you advise. My only concern is my anonimity given the attitude and comments of the employee. If he was to obtain my details, given he may face disciplinary/dismissal for his actions, there may be repercussions. As you state he's unlikely to have reported the incident.
Sure I'm worrying over nothing but with a young family its of obviosus concern.
If the letter was coming from a solicitor it would say "my client" is there any professional way of addressing a letter similarly?
Also I've asked for confirmation of receipt of the letter within 48 hours and a registered address to send a letter to is this ok?

Look forward to your advice.

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#6 2012-09-12 11:14:46
Direct2Solicitors Ltd

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2012-08-22

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junior123 wrote:

Ian

I have just drafted my letter to the company as you advise. My only concern is my anonimity given the attitude and comments of the employee. If he was to obtain my details, given he may face disciplinary/dismissal for his actions, there may be repercussions. As you state he's unlikely to have reported the incident.
Sure I'm worrying over nothing but with a young family its of obviosus concern.
If the letter was coming from a solicitor it would say "my client" is there any professional way of addressing a letter similarly?
Also I've asked for confirmation of receipt of the letter within 48 hours and a registered address to send a letter to is this ok?

Look forward to your advice.

Sorry for the delayed response, I have been away on a short break.  Have you had any response to your letter?  I really suggest that it is time to instruct a Solicitor to pursue this for you.

No Win No Fee Personal Injury Claim Specialists
www.direct2solicitorsltd.co.uk

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#7 2012-10-04 19:20:55
junior123

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2012-09-04

Posts: 4

Ian

Many thanks, I still haven't recovered from this incident and have had no response from my letter to them. I feel now ready to take action against this company. Would you suggest instructing yourself or emailing them with a warning that as I've had no response I will taking legal advice within 7 days.

Thanks

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#8 2016-07-08 21:48:08
Carlie

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At last! Someone who unsddstanre! Thanks for posting!