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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If you sliop and break a limb at work how does contributory

Customer Question

If you sliop and break a limb at work how does contributory negligence apply?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Briefly what were the circumstances please?
Customer: replied 2 years ago.

I tripped and fell over an obstacle at work whilst walking across a class room. I knew my foot had hit something hard but I was not sure what it was until I was on the floor and I heard people talking about a red box. My barrister says that I will have no claim if I cannot prove what it was that I fell over on so it would seem that I have to say I knew the red box was beside me even though I didn’t to get a claim at all. I find this quite upsetting the other side are saying it was an obvious hazard therefore they think I should have a % responsibility to my claim. They have accepted responsibility but want to reduce my claim because I should have looked where I was going basically, The box was placed at the side of the desk which could not be seen from a sitting position and only if the door was closed so not to obstruct the view of the red box.

Expert:  Ash replied 2 years ago.
Did you not see the thing before you tripped?
Customer: replied 2 years ago.
No I did not
Expert:  Ash replied 2 years ago.
Contrib fault depends on what the court decides. The court may consider you were not partially responsible , partly responsible or wholly responsible.
Therefore a judge can reduce any award from 0% through to 100%
For example if there was an open man hole cover on the path and fell into it. The court may say well you could have seen it and reduce an award by 25%
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

So if you had no knowledge of the box before the accident does that mean I have no case as I cannot prove what it was I tripped up on? I can only go on what other people told me post the accident.

I am advised that if this is the case it would be difficult top prove negligence on the defendant, would you agree with this advice?

Expert:  Ash replied 2 years ago.
You can still claim. But if it would be your job to show the defendant was negligent. You need to show something was there when it shouldn't have been.
Does that help
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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