Compensation

[bowten]

The wife of a boater friend of mine was helping him through the locks when she slipped and fell on a steep slope covered in gravel.The slope was next to the lock and the gravel was like marbles.She was taken to hospital and found to have broken bones in the ankle and operated on the next day.She is self employed and will be off work until at least December.The question is,my learned friends,does she have any hope of compensation from CRT.

[carlt]

Speak to a solicitor who deals in such matters.

 

If the slope is not part of the path intended for walking on then she will struggle to win her claim (hopefully).

[ChimneyChain]

Why should CRT have to pay anything. She just slipped. I think people should take responsibility for their own actions instead of making someone else take the blame. There's too much compensation bandied about nowadays, pick yourself up dust yourself and carry on.

 

Darren

[nicknorman]

I agree one hundred percent, and vehemently so. She was carelessly disregarding her safety, she slipped and broke something. Of course one can sympathise with her accident and injuries, but to suggest that someone else is to blame is ridiculous. Why should the rest of us pay her for her stupidity?

 

Anyway, hopefully the answer to your question is "no" but if not, hopefully CRT can ban her from ever setting foot near a canal again until she learns to take responsibility for her own actions.

Edited July 23, 2013 by nicknorman

[Guest]

The wife of a boater friend of mine was helping him through the locks when she slipped and fell on a steep slope covered in gravel.The slope was next to the lock and the gravel was like marbles.She was taken to hospital and found to have broken bones in the ankle and operated on the next day.She is self employed and will be off work until at least December.The question is,my learned friends,does she have any hope of compensation from CRT.

 

Six months off work with a broken ankle sounds a hell of a long time, what does she do?

[BargeeSpud]

Why should CRT have to pay anything. She just slipped. I think people should take responsibility for their own actions instead of making someone else take the blame. There's too much compensation bandied about nowadays, pick yourself up dust yourself and carry on.

 

Darren

 

Whilst I feel sorry for the OP's wife, I really have to agree on your point. It's too easy to shirk responsibilty for your own actions these days & the legal sharks in this area are having a feeding frenzy. I simple HATE all the TV ads I see from all these compensation-r-us lawyers that seem to make up the bulk of advertising you see at the moment.

 

[chazzy]

I guess the piont is if CaRT put the gravel there and created the danger, instead of just graveling the pathway.

Edited July 23, 2013 by chazzy

[nicknorman]

I guess the piont is if CaRT put the gravel there and created the danger, instead of just craveling the pathway.

They (or their predecessors) also put water there, and vertical drops. Does that mean that CRT can be sued every time I fall off my boat into the water, or every time I fall off a lock gate to my doom?

[ChimneyChain]

I guess the piont is if CaRT put the gravel there and created the danger, instead of just graveling the pathway.

There's also a bloody big hole called a lock, that can be a danger if your clumsy.

 

Darren

[Guest]

I guess the piont is if CaRT put the gravel there and created the danger, instead of just craveling the pathway.

 

What though if they don't regularly clean the slippy green stuff off the lock ladders and I fall in, they haven't removed a 'danger', would they be liable for losses attributable to that?

 

The point is boating can be a hazardous activity and if you don't understand this don't engage in it.

[peterboat]

How many others have done the same? If their have been similar accidents at the same location then CRT does have some responsibility however if its a one off keep your eyes open and be more carefull

 

Peter

[chazzy]

Yes it worked, it was just a point to create a discussion.

[Lesd]

I'm currently off work typing this one handed following a shoulder reconstruction operation (Laterjet + soft tissue work), this was to repair my right shoulder which I damaged after I fell into the cut in January (I slipped on the green slimey lock landing). I'm going to be off for a fair few weeks and not completely right for 3 months, I'm also self employed so can understand the worry about lack of income but I do agree with the majority here that when you have an accident it is exactly that, an accident, and we shouldn't automatially put out our hand for compensation, there's just too much of that going around our country these days and we really don't want it coming to the cut.

 

I hope she heals up well and quickly.

 

Les

[Bobbin]

Was she wearing appropriate foot wear? I've seen women slipping and sliding on and off boats in "HIGH HEELS" I have a rule...... on my boat only suitable shoes allowed! Even so I've had a couple of falls (on the green slimy stuff) one resulted in a magnificent black eye! Yes..........after I got over the shock of my altered appearance, I became quite proud of it and posted a photo on Facebook.

[sassan]

We live in a country where her injuries will be healed for free and unemployment benefit can keep her from starving. So what's the need for compensation?

 

I understand why there's such a culture of it in places where medical bills will be huge, or state support lacking, but there's no place for it here.

 

Also, suing a charity (even one occasionally associated with uncharitable behaviour) is a pretty good way to declare yourself a world-class scumbag.

 

This person has chosen a dangerous lifestyle/hobby, as we all have. That is all.

If they proceed, they can become the name we curse when we get stuck due to inadequate dredging.

 

 

Oh no, I hurt myself, SOMEONE MUST PAY!

[MtB]

The wife of a boater friend of mine was helping him through the locks when she slipped and fell on a steep slope covered in gravel.The slope was next to the lock and the gravel was like marbles.She was taken to hospital and found to have broken bones in the ankle and operated on the next day.She is self employed and will be off work until at least December.The question is,my learned friends,does she have any hope of compensation from CRT.

 

This link might help you:

 

http://www.lmgtfy.com/?q=had+an+accident+that+wasn%27t+your+fault

 

 

MtB

[bowten]

Yes it worked, it was just a point to create a discussion.

I beg your pardon sir!So you are saying I have thought this up just to create discussion.I am sitting here having nothing else to do so I think of a topic to discuss!Right OK,lets just say I told her husband who wanted me to post this topic"I told you so".

Edited July 23, 2013 by bowten

[PaulG]

.She was taken to hospital and found to have broken bones in the ankle and operated on the next day.She is self employed and will be off work until at least December.

What job does she do to keep her off work until "at least December"? Kick boxing? Downhill skiing?

My daughter (who is a nurse and therefore on her feet for 12-hour shifts) broke her ankle badly, requiring pins and a cast. She spent almost a week in hospital and came home in a wheelchair. She was back at work 7 weeks later.

 

http://www.bbc.co.uk/news/business-23409046

Edited July 23, 2013 by PaulG

[dor]

Isn't this why self-employed people take out accident insurance. Or is it a case of "I can't be bothered to take responsibility for my own income, I'll just sue someone".

[bowten]

Right OK thanks everyone I will show him your responses and sorry chazzy I got your post misunderstood.

[chazzy]

Sorry bowten no that isn't what i meant, just everyone was giving all the "be responsible for your oiwn action" my point was that your friends wife was acting in a responsible way. So now im getting flack from both sides.... Ho hum.

[bowten]

We live in a country where her injuries will be healed for free and unemployment benefit can keep her from starving. So what's the need for compensation?

 

I understand why there's such a culture of it in places where medical bills will be huge, or state support lacking, but there's no place for it here.

 

Also, suing a charity (even one occasionally associated with uncharitable behaviour) is a pretty good way to declare yourself a world-class scumbag.

 

This person has chosen a dangerous lifestyle/hobby, as we all have. That is all.

If they proceed, they can become the name we curse when we get stuck due to inadequate dredging.

 

 

Oh no, I hurt myself, SOMEONE MUST PAY!

I will show them your response in particular.

[Ricco1]

I agree with most of the earlier posters.

 

'Compensation culture' together with over the top health and safety are 2 of the major blights of Britain's recent history. Not only are they unfair (the collective innocent pay for the stupidity of an individual), they are also fear inducing and corrosive. Head teachers shut the school when there's a bit of ice outside in case someone slips and puts in a claim. Legions of parents drive their children a short way to school in case a predatory paedophile is lurking. Whole groups of people have to live under a veil of mistrust from other groups.

 

The previous government has a hell of a lot to answer for.

[chazzy]

crossed post ... thanks bowten

[carlt]

The correct answer is in post #2.

 

If the gravel was in an area that wasn't part of the intended footway then there is little chance of a successful claim.

 

If it was the footway that was gravelled and that gravel does not meet the required standards then there may be a chance of compensation but it is extremely unlikely unless CRT's engineers are completely ignorant of the appropriate legislation and their contractors chose not to correct the error.

 

In order to establish whether the footway did not meet the required standard they will have to instruct a solicitor who is experienced with this type of claim.

 

I would doubt a "no win no fee" ambulance chaser would be interested in this case.