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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi in June 2012 i had an accident in a Public House where I

Resolved Question:

Hi in June 2012 i had an accident in a Public House where I slipped on the dance floor whilst dancing I was admitted to hospital had the usual tests to confirm I had broken my left wrist I was off work for 13 weeks due to the injury in which case it has left me with Complex Regional Pain Syndrome, I used a Solicitor no win no fee, the so called Pub owner was not owning up to Public Liability Insurance, hardly answered his mail also phone calls my solicitor had a private detective agency do back ground on this person in which he owed money to several county courts so the solicitor advised me it was not worth suing him so the case was closed, I feel even to this day I was not treat properly as a customer entering a Public premises in which case The Manager should be liable for his Paying Customers Yous Lesley Anne Marples
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did you ever make a claim in the courts?

Customer:

No Solicitor advised me it was not worth it has the owner owed monies to various courts himself I even offered to pay for a private doctor myself

Ben Jones :

Why did you slip, what was wrong with the dancefloor that the pub could have done better?

Customer:

The pub was a new venue where people was using the front exit for walking in & out of was a rainy night so water & sand of the patio area was trailed in & out of the pub also there was dogs drinking out of bowls on the dance floor area the entrance to the pub lead directly onto the main dance floor

Customer:

in my eyes they should have locked those front doors so people could only use the side entrance

Ben Jones :

ok and what do you specifically wish to know about your situation?

Customer:

your advice if I have a liable case against him for not using Health & Safety Precautions

Ben Jones :

even if he was liable have you still considered his ability to be able to pay any potential claim you win?

Customer:

well he Managers his business he should be covered for P L I which should cover his customers

Ben Jones :

Whether you have a claim against this person or the business would depend on whether you can show that they were negligent in what they did on the premises. This would be compared to what would have reasonably been expected of them in the circumstances, whether their actions fell below the standard of a reasonable public house in their position and if the injuries that were suffered by you were reasonably foreseeable. These are all legal requirements that are required of you before you can make a successful claim. I am not sure how much detail the solicitor you saw went in but if you had continued with them they would have had to try and show these things to the court in order for you to have any chance of success.


 


If you have not yet made a claim you have 3 years from the date the injuries occurred to claim so you still have another year to think about whether it is something you wish to pursue. Due to the complexity of the claim you should consider engaging a personal injury solicitor to take this further for you but if needed you can always make the claim yourself.

Customer:

so do you think I should get back in touch with the solicitor as he should still have all paper work photos etc for my case he was a Personal Injury Lawyer

Ben Jones :

yes you should, he should keep your files for 6 years so he should still have your details and all paperwork. The issue is that if he is a no win no fee lawyer he can refuse to act for you if he things the risks of not recovering anything are too high. After all he is taking a risk by agreeing to act on a no win no fee so if he thinks that it is unlikely he will recover much or anything at all he can refuse to act for you. Then you have to look around for someone else or take the matter further on your own

Customer:

Thank you for your Advice

Ben Jones :

you are most welcome

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