Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : What is the value of the necklace?
Alex Hughes : OK. If the physiotherapist was negligent and lost your neckalce
Alex Hughes : They are liable.
Alex Hughes : They have a duty of care to you and your property. Therefore, if they have lost the necklace they need to replace it.
Alex Hughes : Either by paying for a new one from their own funds or against their insurance.
Alex Hughes : You should get some evidence of the value of the necklace and send it to the physiotherapist and ask for payment within 7 days. If no payment is forthcoming then you can sue them for your loss in the County Court under the small claims procedure.
they took it off whilst in the middle of treatment and forgot to hand it back. i went to this company as i had a car crash but they are trying to blame the physiotherapist who i just found out is self employed but i feel it should be the actual company thats liable?
Alex Hughes : Was the physiotherapist working on their premises and for that company at the time?
yes she was. they hire a room at a sports centre
Alex Hughes : OK. You should write to the physio and the company at the same time. They can work out who is liable. If they both deny liability you can sue them both at the same time. But you can't sue the company without taking action against the physio.
Alex Hughes : Usually and employer is responsible for the actions of an employee under ''vicarious liability'. But the rule does not necessarily apply to self-employed people.
this might be a long answer but why?