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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I had a fall at Hereford Hospial outside A&E, I broke my

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I had a fall at Hereford Hospial outside A&E, I broke my hand and cracked 4 ribs trying to stop a run away wheelchair that a agency nurse add let go of. There was some loose gravel on the Tarmac on the solpe where the Ambulances park which ment I slipped when I tried to stop the metal wheelchair hitting some parked cars. The nurse didn't come to my Aid, I had to lay there on my back listening to him tell people it was nothing to do with him, until some members of the public, who were going to A&E came to my aid. I am a self-employed taxi driver, and it will be at least 7 weeks before I can work again. Can I make a claim for lost income.

1. Dear Leslie, in order to impose liability on someone, you will have to show they were at fault. Essentially liability for personal injury only arises where you can show negligence on the part of the person responsible. So here, you would have to show that the agency nurse was at fault in letting go of the wheelchair. You could show this, for instance, if there was a patient in the wheelchair and that person would be at risk if the wheelchair continued its journey without stopping.

2. However, there would be no liability if there was simply an empty wheelchair and it was going to strike parked cars which belonged to someone else. in those circumstances, there would be no duty on you to intervene and no liability.

3. However, you should speak with a solicitor and see if you can get one who will take your case on a "no foal no fee" basis.

4. Please Rate the answer as unless you Rate the Answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
What about the gravel, Isn't the hospital liable for that.

5. Yes, the hospital is liable for the gravel. However, the law only imposes a legal liability if you can show it is a concealed danger. This is the rule under the Occupiers Liability Act which determines when owners and occupiers of property are liable to persons coming onto the property for their own purposes. So, you would have to show that there was something about the gravel which made it a danger. Without seeing the gravel, it would be a danger if it did not provide a surface to stand on, for example.

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