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Trip and slip

  • 08-04-2014 11:38pm
    #1
    grumpydwarf
    Registered Users Posts: 27 ✭


    At Christmas I tripped over going to the dentists. The dentist's car park is underground, and you have to go through a door to the stairwell. There is a gap of an inch up between the concrete in the car park and the tiles in the foyer. This is why I tripped. There was water running from a hole in the wall on to the floor so I slipped when I tryed to correct myself.
    I twisted my knee and went to the doctor (the dentist could wait). I had three weeks off work, and had my knee strapped in a cast?? My brother wrote to the dentist and the building owner to complain, but the owner says that as I had been to the dentist many times before (four times in December too), they wrote back its my fault as I should know about the tripping hazzard.


Comments

  • #2
    La Haine
    Registered Users Posts: 244 ✭✭La Haine


    Noted.
    Did you have a question too?


  • #3
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    grumpydwarf wrote: »
    At Christmas I tripped over going to the dentists. The dentist's car park is underground, and you have to go through a door to the stairwell. There is a gap of an inch up between the concrete in the car park and the tiles in the foyer. This is why I tripped. There was water running from a hole in the wall on to the floor so I slipped when I tryed to correct myself.
    I twisted my knee and went to the doctor (the dentist could wait). I had three weeks off work, and had my knee strapped in a cast?? My brother wrote to the dentist and the building owner to complain, but the owner says that as I had been to the dentist many times before (four times in December too), they wrote back its my fault as I should know about the tripping hazzard.


    Please tell me they used those words.


  • #4
    grumpydwarf
    Registered Users Posts: 27 ✭grumpydwarf


    they did! Unless I own the property, surely I should not be required to know about hazards no matter how many times I go through a door?


  • #5
    Valentine1
    Registered Users Posts: 434 ✭✭Valentine1


    go see a solicitor, they will be able to advise you properly.


  • #6
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,692 ✭✭✭✭Peregrinus


    grumpydwarf wrote: »
    they did! Unless I own the property, surely I should not be required to know about hazards no matter how many times I go through a door?
    There's no rule of law to that effect. If you in fact knew about the hazard, then you knew about it.

    The signficance of what they wrote, however, is that it means they concede there is a hazard. On their property. For which they are responsible.


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  • #7
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    Peregrinus wrote: »
    There's no rule of law to that effect. If you in fact knew about the hazard, then you knew about it.

    The signficance of what they wrote, however, is that it means they concede there is a hazard. On their property. For which they are responsible.

    :D
    *gleefully skips to DX box*


  • #8
    Hanalei
    Closed Accounts Posts: 215 ✭✭Hanalei


    grumpydwarf wrote: »
    At Christmas I tripped over going to the dentists. The dentist's car park is underground, and you have to go through a door to the stairwell. There is a gap of an inch up between the concrete in the car park and the tiles in the foyer. This is why I tripped. There was water running from a hole in the wall on to the floor so I slipped when I tryed to correct myself.
    I twisted my knee and went to the doctor (the dentist could wait). I had three weeks off work, and had my knee strapped in a cast?? My brother wrote to the dentist and the building owner to complain, but the owner says that as I had been to the dentist many times before (four times in December too), they wrote back its my fault as I should know about the tripping hazzard.

    Were you watching where you were going? I once tripped over a kerb that was slightly higher than I thought it would be while crossing a road in town, gave myself quite a nasty bump and graze on my forehead.

    Was 100% my own fault for not watching where I was walking. Unfortunately, personal responsibility is something which is increasingly overlooked in the courtroom.

    Don't get me wrong though, I do sympathise with your situation. And I think the building owners have left themselves very open to you by acknowledging the existence of a tripping hazard. Their "You should have known" argument would probably not go down too well in a courtroom.


  • #9
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    1. this happened at Christmas? What have you done about it since?

    2. You should talk to a solicitor

    3. The admission re the hazard could be helpful

    4. Talk to your solicitor about an examination of the scene by an engineer and photos by a professional photographer. Engineer would check the lighting at scene


  • #10
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    grumpydwarf wrote: »
    they did! Unless I own the property, surely I should not be required to know about hazards no matter how many times I go through a door?
    Absolutely not, you should be able to wander around in the dark, wearing sunglasses and with a bag over your head. No need at all for you to look where you're going or exercise any caution.


  • #11
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,510 ✭✭✭runawaybishop


    The trip hazard was compounded by the water leak (sounds like it was a leak anyway) did you get any pics of this leak? - talk to a solicitor anyway.


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