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Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9031
Experience:  I have been practising for 30 years.
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Recently at CDG airport Paris I hav an altercation with a

Customer Question

Hi there, recently at CDG airport Paris I hav an altercation with a cleaning lady in the toilets. I flushed the toilet and it continued to overflow all over the floor and my feet. A large aggressive cleaning came over insulting me in French (I could understand a couple of the choicer ones!). Anyway to cut a long story short I had my nine year old daughter with me and she started to cry then I started to cry with both shock and fright! We went out to the nearest shop where the girl working really helped is and phoned for a manager to come up. Eventually I got to speak to mamager o phone. He said he would look into the situation. I wrote to complaint. They wrote saying very sorry back to me. I wrote saying that I wanted to know if any further action was that to the lady who verbally attacked us I said the least they could do is replace my shoes. They write to ask for receipt of shoes - which I no longer had. I said I will accept a scarf (£260) and a bunch of flowed to the girl who helped up out when we were upset after the experience. This was turned down and the said they would send me €200 As a gesture. Since I origionaly wote to complains we had an incident at Cardiff Airport where my daughter refused to go to the toilet and peed herself and she also refused to come to Paris in october for the Prix du Larc which we attend most years. I was eve a little scard to use the toilet in Caddiff myself! The effect it has had on my daughter has really annoyed me and wonder if I might be able to sue.
Oonagh Cassidy
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

You are unlikely to get a solicitor to take this on a no win no fee basis. Hence, you will be faced with dealing with any litigation yourself.

You are entitled to recover any loss caused by negligence. Clearly, there has been some failure to repair here and hence, your shoes if they are damaged.

In the absence of a receipt for the shoes, you would be entitled to produce evidence of how much they cost and the shoes themselves, if this got caught.

Being blunt with you, if they have offered you €200, my advice to you would be to accept it. I know that you have turned it down but the alternative is to issue legal proceedings against the airport in Paris which might not be particularly practical for you.

With regard to your daughter no longer wanting to go to the toilet at the airport because of the previous experience, I’m afraid that it is unlikely you would have a claim to make in respect because it is probable that a judge, if this got to court, would say that any ongoing incidences would be too remote and not reasonably foreseeable. It is not reasonably foreseeable that if the airport doesn’t clean the toilet in Paris, that your daughter would refuse to go to a toilet in Cardiff.

I’m sorry, I wish I could give you a more favourable answer but that is what will happen here.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

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