Had an accident?

[buzby]

Another tack that this was on private ground (not a public road) therefore common sense would dictate that anyone on there with permission of the owner owes themselves a duty of care. If it was dark, even more so. I have a motorcaravan and regularly camp up in the dark in locations I have never been to before. If I had brushed-up against a bollard or kerb I would be my fault not the site owners (after all, he wasn't driving). Even if there was a subsequent admission of liability by the caretaker, this could easily be repudiated either by stating the the steward had no autrhority of such admission, or the apology given was for the distress/damage incurred to the subject vehicle, as sympathy, NOT a liability. The fact the steward painted the pole and hilighted its location simply acknowledges that they reacted immediately to a problem, not that there was a problem that they needed to address and had only just done so.

 

I think, like others, the only solution is to pass it to the insurers, and take the hit on the excess.

[mikey]

But surely there was some duty to allow him to rectify the problem once he was made aware of the situation?

 

From the sound of it the car wash didnt do the damage attempting to remove the spray with a caustic substance caused the damage so surely that should be negligence of the owner too.

 

If I had something like that on my car I would have been taking professional advice before butchering the paint on my car

 

This is similar to where somebody at fault tries to get the innocent party to go to a garage of their choice. If somebody's vehicle is damaged by another person due to an act of negligence, then that person has the right to get the damaged repaired anywhere they like. it sounds like the person who's car was sprayed decided to have a proper repair job carried out rather than take the risk of a 'quick-fix', and quite rightly so in my opinion

[buzby]

This is similar to where somebody at fault tries to get the innocent party to go to a garage of their choice. If somebody's vehicle is damaged by another person due to an act of negligence, then that person has the right to get the damaged repaired anywhere they like. it sounds like the person who's car was sprayed decided to have a proper repair job carried out rather than take the risk of a 'quick-fix', and quite rightly so in my opinion

 

Perhaps - although if the methods used to effect the 'repair' are in themselves negligent, it no longer is an open-and-shut case. In this particular instance, those attempting to effect a repair were assuminhg it was 'paint' rather than coloured wax. In any event, it was the neighbour who attempted a DIY repair using T-Cut, creatring a level of damage that would not have existed if the correct removal method had been used. Current situation (as I understand it) is he is getting his insurrers to pay for a respray to the entire side of his vehicle, and those insurers state they will look to me for redress.

 

My personal view is this is wrong, not only is it betterment, but the Insurer is not only condonig the damage by their policyholder, but facilitating in the fraud.

 

I could let my house insurers take the strain, however I feel if I do this I am effectively agreeing that if an insured makes a problem worse (by T-Cutting instead of washing) then I should be further liable for his mistake? If the action came to court, I'm minded that each party can be made responsible for the damage they themselves caused... and on that basis I pay £5 for the car wash, and he picks up the tab for the respray.

[buzby]

Hmmm... I don't think it's that cut and dry (pardon the pun), tbh.

 

The fact is that you did, accidentally or not, spray his car. The g/f drove car to car wash, probably with the idea that better to wash it whilst still wet, not necessarily realising that the stuff would dry before getting to the carwash.

 

I suspect, but I must stress that it's only a suspicion at this point, that there is a case of negligence, and that it points at you. Regardless of what happened afterwards, you were careless by spraying paint on the car

 

You see, I only sprayed his car with droplets of brown wax, not paint. Like most things, this is rolling out of control as, error is piled on error.

 

A new dispute has also arisen, totally unrelated and this is a condition that was printed at the bottom of the letter from the insurer.

 

The 200w 'Fraud Prevention Detection Notice' goes on to tell me that any details they hold on me will be passed to a panel of 5 external agencies including Credit Reference and 'Insurance Hiunter'. Now, I have neith a business relationship with this firm, or gave them permission to pass my details to third parties. I responded to their letter, explaining that this condition was unacceptable, and I refused to allow my information to be treated in this way. Subsequent responses from the Insurer have ignored my request entirely, whilst the clause appears at the bottom of each letter. Bringing it to the attention of the Information Commissioner's Office, the helpline stated that it appears the Insurer is in breach of the DPA and will be investigating. I'll keep the team advised of how both these matters pan out.

[Bookworm]

Totally different matter, and damn right you are not to let them get away with that! If you get a chance, could you start a thread about that separate issue in the DPA forum, and keep updates there? It could prove very helpful to other peole whose data is also being processed in such a cavalier fashion.

[buzby]

If you get a chance, could you start a thread about that separate issue in the Data Protection Act forum, and keep updates there? It could prove very helpful to other peole whose data is also being processed in such a cavalier fashion.

 

Consider it done, BW!

[PsychoTony]

My daughter recently had a nasty accident at a local "Fun Pub".

 

The Pub in Question has a purpose built-in Indoor soft play area with ball

pits, slides etc. My wife took our 3 youngest children aged 3,4 and 7 and

whilst there purchased a cup of coffee which was served in a cardboard cup

with no lid. The coffee was accidently knocked over and the contents spilled

onto my 7 year old daughters leg. No help or first aid was given by the

staff and my wife had to bring all the children home and call me home from

work as she did not know what to do. I arrived home and as a First Aider for

14 years took one look and dialled 999 as the injury was open and quite

large.

 

My daughter was then rushed to A&E and then after being given ibuprofen.

paracetamol and dia-morphine for the pain was rushed to Frenchay Childs

Burns Unit where she had to undergo a general anaesthetic so the wound could

be dealt with and dressed. She stayed at Frenchay overnight so she could be

monitored.

 

I have contacted the Pub to find out why no help was given and was told that

the company has a policy of not providing any First Aid as they are worried

about being sued if someone gives incorrect treatment! I also asked why they

serve scalding hot drinks in the childrens play area where there is a

significant risk of spillage in cups without lids to which I was told that

was just the way they do it.

 

I am shocked that I cannot find any legislation or even guidelines that say

places catering for small children playing should have some form of First

Aid and that they should only serve hot drinks in suitable non-spill

containers.

 

Some very basic First Aid applied at the time of the accident would have

limited my daughters suffering, or if the cup had a tight fitting lid

similar to the ones in MacDonalds (Which they do have available, but choose

not to use or even offer!) then the spillage would have been limited.

 

Any advice would be greatly appreciated

[Mossycat]

My daughter recently had a nasty accident at a local "Fun Pub".

 

The Pub in Question has a purpose built-in Indoor soft play area with ball

pits, slides etc. My wife took our 3 youngest children aged 3,4 and 7 and

whilst there purchased a cup of coffee which was served in a cardboard cup

with no lid. The coffee was accidently knocked over and the contents spilled

onto my 7 year old daughters leg. No help or first aid was given by the

staff and my wife had to bring all the children home and call me home from

work as she did not know what to do. I arrived home and as a First Aider for

14 years took one look and dialled 999 as the injury was open and quite

large.

 

My daughter was then rushed to A&E and then after being given ibuprofen.

paracetamol and dia-morphine for the pain was rushed to Frenchay Childs

Burns Unit where she had to undergo a general anaesthetic so the wound could

be dealt with and dressed. She stayed at Frenchay overnight so she could be

monitored.

 

I have contacted the Pub to find out why no help was given and was told that

the company has a policy of not providing any First Aid as they are worried

about being sued if someone gives incorrect treatment! I also asked why they

serve scalding hot drinks in the childrens play area where there is a

significant risk of spillage in cups without lids to which I was told that

was just the way they do it.

 

I am shocked that I cannot find any legislation or even guidelines that say

places catering for small children playing should have some form of First

Aid and that they should only serve hot drinks in suitable non-spill

containers.

 

Some very basic First Aid applied at the time of the accident would have

limited my daughters suffering, or if the cup had a tight fitting lid

similar to the ones in MacDonalds (Which they do have available, but choose

not to use or even offer!) then the spillage would have been limited.

 

Any advice would be greatly appreciated

 

OK so let me get this straight.

 

Your wife bought the coffee, your wife did not ask for a lid even though they were available. Your wife took a hot drink into a childrens play area and put it down on a table. Your wife then left the hot drink unattended in the presence of young children and as a result of all of the above the drink was knocked over and scalded a young child.

 

Obviously it's anyone but your wife who is responsible here, perhaps you could sue the child who knocked over the drink in the first place if you fail to get anyone to sue the Pub.

 

Obviously the pub was in the wrong to sell a cup of hot coffee to a grown woman in the first place and they should now be sued for every penny they have.

 

If none of the above work, try and find out which Company makes the water heater in the pub and go after them for prodcing water that is too hot.

 

Incidents like this really make me angry, an accident occurs, a genuine accident, the most negligent party in the whole chain of events is your wife and yet the first thing you do is get in touch with one of those 'had an accident we'll get you compensation' firms and look to see if you can profit from this.

 

Disgusted is the word

 

You asked for advice, the best advice I can give you is to tell your wife to be more careful with hot drinks around young children

 

Mossy

[PsychoTony]

OK so let me get this straight.

 

Your wife bought the coffee, your wife did not ask for a lid even though they were available. Your wife took a hot drink into a childrens play area and put it down on a table. Your wife then left the hot drink unattended in the presence of young children and as a result of all of the above the drink was knocked over and scalded a young child.

 

No Lids were available.

She purchased the Coffee within the Childs Play Area.

She placed the Cup in the middle of the table at which she and the children were sat.

 

Obviously it's anyone but your wife who is responsible here, perhaps you could sue the child who knocked over the drink in the first place if you fail to get anyone to sue the Pub.

 

Obviously the pub was in the wrong to sell a cup of hot coffee to a grown woman in the first place and they should now be sued for every penny they have.

 

I am not suing anyone!!!

I enquired on a legal site about the legislation requirements for Childrens Soft Play Areas with regards to First Aid and the serving of hot drinks, and was contacted to inform me that none exists.

 

If none of the above work, try and find out which Company makes the water heater in the pub and go after them for prodcing water that is too hot.

 

This was actually one avenue the Lawyer expressed could be investigated, but I didn't deem it worth it as my point is that my daughter endured excess suffering because she did not recieve prompt First Aid.

 

Incidents like this really make me angry, an accident occurs, a genuine accident, the most negligent party in the whole chain of events is your wife and yet the first thing you do is get in touch with one of those 'had an accident we'll get you compensation' firms and look to see if you can profit from this.

 

Disgusted is the word

 

Incidents like this really make me angry too, when a company puts people's health and safety at risk to save a couple of hundred pounds on training their staff on the basics of first aid.

 

You asked for advice, the best advice I can give you is to tell your wife to be more careful with hot drinks around young children

 

Mossy

 

I did ask for advice, as so far after having contacted CAPT(Child Accident Prevention Trust), HSE, OFSTED and CAB I am getting absolutely nowhere with finding out who to inform to get this kind of incident looked at.

 

It is one of those types of thing that you don't really think about until it happens to you or someone you know.

 

Don't be so quick to jump on people and judge them before you get ALL the facts.

 

Tony

[Disgruntled_Employee]

OK so let me get this straight.

 

Your wife bought the coffee, your wife did not ask for a lid even though they were available. Your wife took a hot drink into a childrens play area and put it down on a table. Your wife then left the hot drink unattended in the presence of young children and as a result of all of the above the drink was knocked over and scalded a young child.

 

Obviously it's anyone but your wife who is responsible here, perhaps you could sue the child who knocked over the drink in the first place if you fail to get anyone to sue the Pub.

 

Obviously the pub was in the wrong to sell a cup of hot coffee to a grown woman in the first place and they should now be sued for every penny they have.

 

If none of the above work, try and find out which Company makes the water heater in the pub and go after them for prodcing water that is too hot.

 

Incidents like this really make me angry, an accident occurs, a genuine accident, the most negligent party in the whole chain of events is your wife and yet the first thing you do is get in touch with one of those 'had an accident we'll get you compensation' firms and look to see if you can profit from this.

 

Disgusted is the word

 

You asked for advice, the best advice I can give you is to tell your wife to be more careful with hot drinks around young children

 

Mossy

 

To be fair has the guy said it's the pubs fault for serving hot coffee and he's suing as a result??? I am horrified that the premises made no attempt to offer first aid (did they have a first aider on the premises at all I thought that was a legal minimum??) prompt action could have spared the little girl in question a lot of agony and probably operations

[Mossycat]

To be fair has the guy said it's the pubs fault for serving hot coffee and he's suing as a result??? I am horrified that the premises made no attempt to offer first aid (did they have a first aider on the premises at all I thought that was a legal minimum??) prompt action could have spared the little girl in question a lot of agony and probably operations

 

I'd read the other thread if you want answers to those questions

 

Mossy

[PsychoTony]

To be fair has the guy said it's the pubs fault for serving hot coffee and he's suing as a result??? I am horrified that the premises made no attempt to offer first aid (did they have a first aider on the premises at all I thought that was a legal minimum??) prompt action could have spared the little girl in question a lot of agony and probably operations

 

To be fair to Mossy, I did in my other post mention I had a discussion with an injurylawyers4u lawyer.

 

But as I also stated, this was to get a legal understanding of the First Aid provision legislation for this kind of situation. I was advised to go down the coffee temperature route to claim compo and chose not to!

 

So far both the CAPT(Child Accident Prevention Trust) and the CAB have both advised me to consult with a personal injury specialist. Yet still Mossy has just labelled me Compo-Happy and prefers to just point and rant instead of either offering any usefull advice or ignore me.

 

Like you I was shocked that places like this do not have to provide First Aid by law, and this is point I keep coming back to in between snipes at my personal character and accusations aimed at my wife.

 

I am looking for advice on who and where I can write, phone, email to get this serious breach of child safety into the public arena. Let other parents know the situation before they find themselves in the same predicament my daughter, wife and our other 2 sons (Who were also distraught!) went through.

[buzby]

I have to ask - as there was a r'responsible' adult nearby - why was there no precognition of what hot doffee would do to a child if spilt? There woas certainly contributory negligence on the part of the adult, as it was they who brought the 'dangerous' liquid into an area children were expected to be playing.

 

What will be next? Suing the pub because someone had a heart attack and died, and the pub is being held liable because their defibrillator wasn't there/not working/used by someone else?

[PsychoTony]

I have to ask - as there was a r'responsible' adult nearby - why was there no precognition of what hot doffee would do to a child if spilt? There woas certainly contributory negligence on the part of the adult, as it was they who brought the 'dangerous' liquid into an area children were expected to be playing.

 

The coffee was purchased inside the soft play area alongside children juices and sweets. My wife was with the children and the coffee was ACCIDENTALLY knocked over. I have never mentioned the word negligence, I have never disputed this was purely an ACCIDENT.

 

What will be next? Suing the pub because someone had a heart attack and died, and the pub is being held liable because their defibrillator wasn't there/not working/used by someone else?

 

I am NOT SUING ANYONE I have been advised that I could pursue the coffee temperature being unsuitable for selling in a high-risk of spillage area but that is not my point, and something I have declined!!!

 

As it happens, a few months back someone did drop dead of a heart attack at this pub, unlikely that anything could have been done but I had assumed that someone would have done CPR until the emergency services arrived. I now have doubts about that and if CPR was done it would more likely have been a member of public trained or untrained.

[starinhersky]

I have several years of claims handling experience and if anybody needs any advice regarding their claims then feel free to give me a shout. Please note i am not touting for injury claims etc, im just trying to help people.

 

 

 

hi, i had a deep laceration to my hand which happened at work on machinery which tore most of the tendon. I needed surgery for the repair, Doctor advised 3months off from work, all im getting is ssp is this right and what are my options