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Making a compensation claim for injury


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So I just spent the better part of the last year healing a dislocated shoulder and two days ago I decided to go cycling, and so I cut through an old disused golf course, which as far as I can see is open to the public. It's in Scotland so there are freedom to roam rights and stuff. There were no No Entry signs and plenty of people use it for walking.

 

There was some carpetty turf on the path which is old and rotten, and so I went to cycle down a slope not realising it had no grip whatsoever and was like an ice rink. It looked like it would have grip, however as soon as I went to cycle down it, not going very fast at all and I applied my brakes my front wheel gave way and I came down hard on my side, the same side I recently dislocated my shoulder. This has left me with bruising on my shoulder and my hip, however my shoulder did not dislocate. The point is though it could have since I'm now 30-50% likely to sustain the same injury in my life now. I COULD have seriously injured myself! Nonetheless, I still did sustain an injury and I am not happy about it one bit.

 

So I am raising this with the local authorities, not sure who is in charge of this land however, whoever it is I am going to argue a case for negligence. This surface should have been lifted, as it is evidently a serious hazard to walkers or cyclists.

 

Am I wasting my time then? In any case I am still going to have whoever own the land address this. If I was to put in a claim though do I need witnesses and doctors and all that? Is it worth using any of these no win no fee companies if the land is privately owned?

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Existing condition

Should someone in your condition be riding in the first place

Using the land at your own risk I expect

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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In my condition? My arm has healed, HAD healed! Now it's bruised. Plenty of folk go cycling round there, the surface is a serious hazard. No no entry signs, no signs warning people of the slippery surface. I think negligence, leaving a surface where people can fall and injure themselves in an area where it is well known and accepted that people use. I'm sure they will try and argue that but the facts are what they are. I injured myself as a result of someone else's negligence.

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Hello there.

 

You say you cut through the golf course. I'm no legal expert, but why couldn't you have carried on along a road or cycle path? I'm not sure it's the golf course's fault that you decided to cycle on grass. Sorry.

 

HB

Illegitimi non carborundum

 

 

 

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In my condition? My arm has healed, HAD healed! Now it's bruised. Plenty of folk go cycling round there, the surface is a serious hazard. No no entry signs, no signs warning people of the slippery surface. I think negligence, leaving a surface where people can fall and injure themselves in an area where it is well known and accepted that people use. I'm sure they will try and argue that but the facts are what they are. I injured myself as a result of someone else's negligence.

 

Scottish law is different so you need to speak to a Scottish personal injury law firm.

 

That being said, I don't think there's any negligence here but seek specialist legal advice.

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I went the wrong way and decided to take a short cut, my reasons are immaterial since the golf course is disused and open to ramblers and, presumably cyclists if they should decide to take that route. There are no NO ENTRY signs and there are no gates at some of the entrances, it's open for anyone to access. There are no signs saying no cyclists. I also wasn't cycling on the grass, I was cycling on the path which was covered in some old ... I don't know what it's called but it looks like carpet or turf, and was presumably laid there in the past to provide a surface for the golfers to walk on. It is now rotting and very slippy and a total hazard to both walkers and cyclists if they are not aware that it is so slippy. I talked to a walker on the way down after it happened to warn him, and he told me he knew about this and has to be very careful walking on it when he goes that way. If the surface was not still there the path would not have been slippy at all. The whole reason it was so slippy is because this surface has been left there to rot.

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I will be making enquiries to the local authority on Monday and taking it from there. In any case, the most important thing is that this is dealt with and the surface is removed. You know, before someone else cycles down that way and ends up breaking their neck or something...

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