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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience:  Over 5 years in practice
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Hi My name is***** had a fall on the 1st

Customer Question

Hi My name is***** had a nasty fall on the 1st of Jan 2013 at Boots the Chemist where I work I broke my wrist and had to be taken into hospital . I tried to make a claim aganist Boots the Chemist , Due to Boots denying all responsiblity for the accident the case has gone no where I need Justic from the Company for what I have been put through could you please help me in this case
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Why do you say the company are responsible?

You have to show more than just falling over on their premises.

How did they cause you to fall over?
Customer: replied 2 years ago.

Hi Joe,


As I have to go to work soon I can reply to your question in more details this eve when I get back from work would that be alright as I would like to give you all the vital infromation you may need

Expert:  Jo C. replied 2 years ago.
Yes, no problem.

A summary will be fine though.
Customer: replied 2 years ago.

Hi Joe, thank you for your reply I will give you the answer to the above questions you need


The reason I feel strongly the Company is to fault for the accident that occured on the 1st of January 2013 is due to the fact the stock room which I entered to look for my show material which was required to be on display on the shop floor, The stock room was full of Blue trays containing stock on yellow rollers which was obstructing the way . I spoke to the members of staff who were in the stock room at that time , this area should be clear at all times


I then went to the other part of the stock room to look for the show material and heard somthing fall I did not turn around to see what it was, I continued my search for the show material when I fell over a showmaterial box I tried to stop myself from falling I reach out to the display stands which were there to find they were on wheels which caused me to fall and break my left wrist I broke three bones and had to be taken into hospital was operated where I have now got a metal plate in my left wrist.

Expert:  Jo C. replied 2 years ago.
A personal injury claim has various elements:

1 You need to prove that there was a duty of care.
2 You need to show that the duty was breached.
3 The loss needs to be reasonably foreseeable.

If all three elements are not satisfied then the claim fails

An employer does blow a duty of care and it is reasonably foreseeable that if someone leaves things lying all over the floor, someone will trip and get injured.


The problematical one is 2. There must have been a breach/negligence for you to have a claim. If you simply trip up over your feet or perhaps misjudge a step or if you are responsible for whatever you tripped over, there is no breach.

The employer is vicariously (jointly) liable for the conduct of its employees and if someone has put these things all over the floor so as to inadvertently create a trap, then the employer is liable.

Whether the employer is liable or not really depends on the facts but this is not a case that I would be dealing with myself unless you have experience of personal injury matters. I would strongly suggest that you spoke to a solicitor will deal with a personal injury claim on a no win no fee basis is, having been given all the facts, the solicitor does not think it is worth pursuing no win no fee the chances are that it's not worth you pursuing either because if you lose, you could end up paying substantial legal costs to your employer.

There is one other thing to consider if you sue your employer and that is that it will probably not enhance the employer/employee relationship. However that is something for you to consider yourself.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Joe, in reply to your questions I am not sure how long I need to email you for your advise over my on going case against Boots.


I feel that Boots the Chemist is resposible and Liable for what I have been put through


I have worked for the Company for nineteen years over the years I have seen the state of the stock room which was always a health and saftey issue which was always there I have spoken to the Team Manager over the state of the stock room many times


I have already seeked advise from Inguiry Laweres four u they have said due to me not having a witness they cant take my case on

Expert:  Jo C. replied 2 years ago.
What else would you like to know about this?
Customer: replied 2 years ago.


Hi Joe, sorry I have not got back to you , I have had a lot going on and just not have had the time to email you


 


I am not sure if I understand your above question


I feel at the end of the day I need justic for what I have been put through and it seems Boots have got away with what has happened to me, just because I did not have a witness see me fall in the stock room, but I have three witness who saw me on the floor holding my left wrist . There has been many lies said which makes me feel angery to think the witness who came to my aid has lied and their lies has been accepted by Boots

Expert:  Jo C. replied 2 years ago.
Yes, I understand.

Did you want to know something else about that though?
Customer: replied 2 years ago.

Hi Jo , I have been unable to email you due to the fact I have been very busy at home have not been able to email you. I still need to know if I have a case with Boots even though I did not have a witness see me fall . At the end of the day if it was a customer who was in the shop and she fell over and did not have a witness to her fall the company would make sure the customer would be taken care of and if the customer decided to make a claim against Boots they would not keep insisting she brought a witness for her claim they would go along with the customer to prevent the case from going any further.

Expert:  Jo C. replied 2 years ago.
The fact that you don't have a witness doesn't mean you can't claim. It just weakens the evidence somewhat.

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