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claims against the council....

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Old 03-09-2006, 05:16 PM
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Danielle
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Default claims against the council....

Today my parents and my 8 year old sister went to mansfield.

My little sister ended up falling down a hole and getting stuck, her leg was trapped, the hole wasn't very big but it was deep and full of mucky water.

My dad managed to get her out but she was unable to walk and her ankle was inflamed and cut open. She ended up going to the hospital, where she was checked over, my dad was concerned not only for her ankle but also because of the mucky water which could have anything in it.

The hole had no cover and was just left open. Luckily my sister has not broke her ankle as far as we know but we she is unable to walk properly on it.

My dad took pictures of the hole and we are going to put a claim/complaint in against the council.

has anyone had any similar situations? and how did you go about it?
Old 03-09-2006, 05:26 PM
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edd
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take a picture of said hole and get in touch with a solicitor
Old 03-09-2006, 05:28 PM
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starturbo
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I havent a clue but i would imagine if it was a manhole cover that had been removed they could say that vandals/yobs removed it.If not you may stand a chance?hope your successful
Old 03-09-2006, 05:29 PM
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Danielle
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already got pics sorted so thats a good thing
Old 03-09-2006, 05:31 PM
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Jemma
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God if you lived here, youd have solicitors all over ya wanting to take ya case on!
My friend put a claim in, and was asked stuff like.. did you know the hole was there? (yeah im just gonna pourposly fall down a hole) .. How long has it been there etc. They made a claim as they fell on my street, but the council are debating how long it has actually been there!
But as its a place you wont go to often, you'll be fine !

Hope your sis is ok
Old 03-09-2006, 05:45 PM
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Danielle
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Originally Posted by starturbo
I havent a clue but i would imagine if it was a manhole cover that had been removed they could say that vandals/yobs removed it.If not you may stand a chance?hope your successful
i was thinking the same thing but were not just gonna back down if thats their reply!!!

my sister is constantly crying shes just turned 8 and is on pain relief!!!
Old 03-09-2006, 05:59 PM
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awww i really hope jess is ok!! and yea id give the council a right bollocking if i wa u!!

My grandad was walkin 2 our house and he didnt see this overlapping of tarmac and because he's not very good on his pins, he caught it and fell straight into a bush and fractured his wrist! My dad had a right go at the council and they came and sorted it out thank god!
Old 03-09-2006, 06:03 PM
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Good luck with the Claim
Old 03-09-2006, 06:10 PM
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Zetecfiesta
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hope she is ok!
Old 03-09-2006, 06:12 PM
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Lee Reynolds
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As long as shes ok thats the main thing. Council cant be everywhere 24/7 to inspect every area of land for holes

getting like America with the claims this country
Old 03-09-2006, 06:16 PM
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Big G
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Hope the nippers ok

Have a look at these if you are going to make a claim
http://www.amelans.co.uk/

Ask to speak to Elizabeth or Philip, tell them the script and say Mr. Kelly forwarded you.
Old 03-09-2006, 06:21 PM
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Danielle
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ok thankyou

and lee it shouldnt happen
Old 03-09-2006, 06:25 PM
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Default Re: claims against the council....

Originally Posted by Danielle
Today my parents and my 8 year old sister went to mansfield.

My little sister ended up falling down a hole and getting stuck, her leg was trapped, the hole wasn't very big but it was deep and full of mucky water.

My dad managed to get her out but she was unable to walk and her ankle was inflamed and cut open. She ended up going to the hospital, where she was checked over, my dad was concerned not only for her ankle but also because of the mucky water which could have anything in it.

The hole had no cover and was just left open. Luckily my sister has not broke her ankle as far as we know but we she is unable to walk properly on it.

My dad took pictures of the hole and we are going to put a claim/complaint in against the council.

has anyone had any similar situations? and how did you go about it?
First off, write a letter to the Council outlining your complaint, then get your parents to check if they are covered for Legal Costs/Expenses and Court Fees on their household insurance. If they are, contact the insurance company and they will get a firm of solicitors to contact you.

Luckily I was covered by my household insurance, when I made a claim against a council when I broke my ankle because of a large pothole in the footpath.
Old 03-09-2006, 06:33 PM
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Lee Reynolds
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Originally Posted by Danielle
ok thankyou

and lee it shouldnt happen
accidents happen though.

If it was a serious case of neglect then yes claim, but otherwise i wouldnt...buts thats me
Old 03-09-2006, 06:46 PM
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Danielle
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yeah well we will be looking into this situation tomorrow, at the moment were just making sure my sister is ok.
Old 03-09-2006, 06:56 PM
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16..Maggsy..16
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best thing 2 do

bet she's being well spoilt tonight lol
Old 03-09-2006, 09:30 PM
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Jimboxr4x4
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Take photos of her injuries and get the nurse / doctors details regarding the exam at the hospital.
Old 03-09-2006, 09:39 PM
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Rich_w
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Where was the hole? Pavement? Field?

As Lee R says above, if the council were genuinely negligent then fine, but I suspect they didnt know about this hole and are exempt from liability as a result.
Old 03-09-2006, 09:40 PM
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Lee Reynolds
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Originally Posted by Danielle
at the moment were just making sure my sister is ok.
Old 03-09-2006, 09:54 PM
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Redkop
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Originally Posted by Rich_w
Where was the hole? Pavement? Field?

As Lee R says above, if the council were genuinely negligent then fine, but I suspect they didnt know about this hole and as a result are exempt from liability as a result.
Sorry but you are wrong there.
Old 03-09-2006, 09:56 PM
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Rich_w
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Lynne

Probably, but I have to say thats a little unfair on the council concerned. They cant be everywhere thats public access all the time. So how can they do something about it unless they know about it?
Old 03-09-2006, 09:58 PM
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Lee Reynolds
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No i dont think they are exempt...but they should be if its not neglect. Cant do with silly claims...

Like i say getting like America. fook, someone will be putting their campervan on cruise mode then making a cuppa in the back next and crash......then sue the campervan company
Old 03-09-2006, 10:03 PM
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Originally Posted by Rich_w
Lynne

Probably, but I have to say thats a little unfair on the council concerned. They cant be everywhere thats public access all the time. So how can they do something about it unless they know about it?
They are still liable for it whether they know about it or not. They weren't aware when I made my claim, but strangely enough, 3 days after I made my complaint in writing, the pothole was filled in. Luckily I got a friend to take pictures of it the day after I broke my ankle.

The Council admitted liability straightaway but the case took just under 4 years until I got paid out.
Old 03-09-2006, 10:09 PM
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Rich_w
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Well I would expect them to do that as they want to avoid future claims.

Can I ask. Did the compensation cover the amount of money you lost as a result of the injury?

Anyway, IMO If somebody is left out of pocket by someones negligence then any compensation should cover that but nothing more. Its people that claim for thousands when its a broken fingernail, (exaggeration) that bugger everything up
Old 03-09-2006, 10:17 PM
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Originally Posted by Rich_w
Well I would expect them to do that as they want to avoid future claims.

Can I ask. Did the compensation cover the amount of money you lost as a result of the injury?

Anyway, IMO If somebody is left out of pocket by someones negligence then any compensation should cover that but nothing more. Its people that claim for thousands when its a broken fingernail, (exaggeration) that bugger everything up
It covered the amount of money I lost through not being able to work and out of pocket expenses, but it doesn't cover the amount of inconvenience and pain I still get 8 years later. I accepted, on advice from my Solicitor an out of court settlement of Ł15k the day before it was due to be heard in court.

If I had the choice of having my ankle 100% or Ł15k, it'd be my ankle 100%.
Old 07-09-2006, 06:09 PM
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Danielle
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my sister has low muscle tone so her injuries in the future could be much worse than someone who has a normal muscle tone. this could end up a serious incident for her.
Old 07-09-2006, 07:22 PM
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Fucked up in my opinion.

Hope she is ok, but like said above when will people take control of their own actions...

I work with a company who deal with public spaces and you would not belive how difficult people falling over their own feet makes my day....

Where was this hole...?

Did your parents not see it?

Just my opinion.
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