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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.
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?