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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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we are a small ltd company with no liability insurance, we

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we are a small ltd company with no liability insurance, we have just received an injury claim from a client who fell off a chair back in may, she needed noi medical attention at the time and stayed for the day and left with no issues
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did she subsequently have medical attention?
Why did she fall off the chair? Was the chair defective in any way?
Customer: replied 3 years ago.

it says she attended hospital on 19/5/14

the chair collapsed but we were unable to see why

as we dont have insurance can we deal with injury lawyers direct?

Expert:  Jo C. replied 3 years ago.
There is a legal doctrine which in Latin is, “res ipsa loquitur” which means "the thing speaks for itself.
If the chair did collapse (as opposed to her falling off it) then chairs do not normally collapse unless there is something wrong with them
If there is something wrong with the chair, then she has a claim against your company in negligence as you are in breach of your duty of care.
As the company has no public liability insurance (you may want to remedy that) then her claim will have to be settled and dealt with by the company.
If the company has no assets then if she pursues the issue against the company, then the company will have no alternative but to liquidate.
That is something that you might want to bring to the attention of her solicitors or whoever it is that is bringing the claim.
There is a possibility however that if she can prove that company directors or whoever was organising the meeting was personally negligent, they could bring a claim against those individuals personally. It would need the consent of the court to do that because it involves lifting the corporate (limited company) fail to get at the individuals.
It is not unusual for people who have been injured not to have medical attention at the time but to seek it later if symptoms do not abate.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

so i should contact her lawyers and make them aware that we have no insurance and that we are a limited comnpany with no assets can we ask them what she wants in case we can settle with her?

Expert:  Jo C. replied 3 years ago.
I think that would be an excellent idea because they are not likely to pursue it with a vengeance if they're not going to get their costs paid.
So that there can be no dispute over what was said or offered, make sure that you put everything in writing bookmark the letter "without prejudice save as to costs” at the top of the letter so that they cannot produce it in court as any kind of admission of liability.
It would be worthwhile getting a solicitor to write the letter for you because the other thing you need to do is deny liability and any offer you make to settle is purely to get rid of it not as any kind of admission, hence "without prejudice"
Customer: replied 3 years ago.

is that a service you offer, letter writing?

Expert:  Jo C. replied 3 years ago.
I am not able to do that under the rules of this site I'm afraid.
You can always try a barrister under public access though as they will be cheaper than a solicitor.
Try here
http://www.churchcourtchambers.co.uk/index.php/members/jo-morris-2003
or here
http://www.5pumpcourt.com/member/Rebecca_Foulkes
as I know they are both public access registered.
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