injuries board claim & medical report queries

RoyalMarine

Hi all,

Looking for some help regarding an injury I received a few months back.

Details:

December 2015: Was in a cafe, and a pot of boiling water spilled on my left foot. Went through my runner, and left a very bad burn on it.
The tea pot was on one of those wooden tray's, and when I picked up my plate, the wooden tray, tea pot etc all fell to the floor. The tray was not moved.

I went back to the Cafe, and put another tray on the tray bars (those metal long railings that the tray sits on, and the tray sticks about 6 inches out from where the bar's end).
I think when I picked up the plate, the weight shifted, and the tray came down.

Was treated in hospital.
Lost the ability to walk, work and drive for the best part of a month.

6 months later, I'm left with a pretty ugly mark all over my foot.

After taking advice, I've decided to submit a claim to the injuriesboard of Ireland.

Initially, I was going to submit the application through a solicitor, however, looking at their costs for submitting the form vs submitting it myself, I have to decline their services.
€3,075 inc VAT for them to do it.
€45 for me to do it.

If the respondant's insurance company decline the ruling of the injuries board, I can look at hiring a solicitor for court.

Questions I have:

• Is this a long uphill painful route to take?
• Is there a huge amount of work involved in this? I have no problem doing it, I just don't want to be in court, doctor examinations, filling out countless forms for the next 12 months.
• Should I hire the solicitor and let them do the work?
• Can I obtain a medical report from the hospital and have it sent to myself?
  I requested one before, and was told it would be sent to my GP. I advised the hospital that I have not used my GP for 5+ years, and I have moved away from where the GP is located a long time ago. They insisted they would still send it to her.
• What's the cost on obtaining a medical report from hospital? I was only treated in A&E and then the burn clinic for 1 month.

Any other info would be great, any similar stories that people have been through.

Thanks in advance!

Little CuChulainn

If the restaurant fights it (and I can't see why they wouldn't) then yes it could be a long battle.

The forms are not extensive but they have to be done right. Doctors reports can be around €250 and upwards and need to be included.

A solicitor will make sure the paperwork is filled in correctly and may pay for the doctors reports. But their fee and costs will come from your settlement and you will have to pay them even if you lose.

You can submit a request for your personal data from the hospital but I don't think they can be forced to write a report for you.

hullaballoo

If you require surgery on your foot, it will be far far cheaper to do the surgery yourself as well. I hear consultant plastics doctors charge through the nose.

RoyalMarine

hullaballoo wrote: »

If you require surgery on your foot, it will be far far cheaper to do the surgery yourself as well. I hear consultant plastics doctors charge through the nose.

:pac: great advice...

To Elland Back

RoyalMarine wrote: »

Hi all,


The tea pot was on one of those wooden tray's, and when I picked up my plate, the wooden tray, tea pot etc all fell to the floor.....

I think when I picked up the plate, the weight shifted, and the tray came down..........!

No dismissing your injury OP, it sounds horrific. However, do I read from the above that you caused the accident?

Pro Hoc Vice

To Elland Back wrote: »

No dismissing your injury OP, it sounds horrific. However, do I read from the above that you caused the accident?

A tray with a hot teapot should not be placed where there is a risk of it tipping over and so leading to a injury. Hot water should never in a public place be positioned in a place where it can spill that is negligent.

To Elland Back

Pro Hoc Vice wrote: »

A tray with a hot teapot should not be placed where there is a risk of it tipping over and so leading to a injury. Hot water should never in a public place be positioned in a place where it can spill that is negligent.

My question to the OP, was to ask him if he did those actions.

Pro Hoc Vice

To Elland Back wrote: »

My question to the OP, was to ask him if he did those actions.

True on rereading the OP you may very well be correct and liability may very well be an issue.

goz83

OP, could you explain how you believe the cafe is repsonsible for your injury? Genuine question. Was there anything defective about the tray, kettle, or slide rail? Should they have served warm tea and wrapped everything in cotton wool? Maybe there is something important missing from your post.

With regards to going it alone...while you can do that, I woukd generally advise seeing a solicitor. Sure, it's only €45 to submit a claim to the injuries board, but medical reports aren't cheap. A visit to a solicitor might end up with you being told that the case is not one worth chasing, as liability (at least imo) would appear to lay with you.

RoyalMarine

Hi,

To clarify,

The tea pot, plate and a cup of coffee were on the tray. The cafe staff asked for the plate to put chips on it. I lifted it up, and the tray fell.

When we went back to look, the tray sticks a lot out past the tray rails.

It's not a case of any of them being faulty, or anyone to blame, it's the fact that the tray rails don't hold the tray correctly when an item is removed from the tray.

After speaking to a solicitor, they told me it's a valid claim.

goz83

RoyalMarine wrote: »

Hi,

To clarify,

The tea pot, plate and a cup of coffee were on the tray. The cafe staff asked for the plate to put chips on it. I lifted it up, and the tray fell.

When we went back to look, the tray sticks a lot out past the tray rails.

It's not a case of any of them being faulty, or anyone to blame, it's the fact that the tray rails don't hold the tray correctly when an item is removed from the tray.

After speaking to a solicitor, they told me it's a valid claim.

Thanks for the clarification. The rails are possibly not fit for purpose, therefore presenting a hazard, but they would have to be too narrow by a few inches to present any real hazard. The pot of tea must have been right on the edge of the tray.

In any case, a solicitor is always the best way to go, because a solicitor deals with these things all the time. There are plenty who offer no win no fee, minimising the risk of loss.

Best of luck and thankfully only your foot was burnt.

Canadel

RoyalMarine wrote: »

Hi,

To clarify,

The tea pot, plate and a cup of coffee were on the tray. The cafe staff asked for the plate to put chips on it. I lifted it up, and the tray fell.

When we went back to look, the tray sticks a lot out past the tray rails.

It's not a case of any of them being faulty, or anyone to blame, it's the fact that the tray rails don't hold the tray correctly when an item is removed from the tray.

After speaking to a solicitor, they told me it's a valid claim.

I'd have to agree.

The cafe obviously recommends a system whereby food/tea/coffee is placed on the tray and then slid across the rail. If the rail is not sufficient to accommodate the tray such that it is almost impossible to topple and fall to the floor without a person causing it to (lifting something off the tray would not apply), then the cafe is at fault. Same as if the rail collapsed under the weight of the tray for example.

RoyalMarine

Cheers guys.

I think it's best to stick with the solicitor and let the professionals handle it.

WhiteWalls

From reading your details you definitely have a case. You should see a solicitor, many din't charge a fee unless you win, lots of good firms offering this service.

You will have to go to independant doctors and there could be quite a lot of paperwork so you would be better off going to one.

Little CuChulainn

WhiteWalls wrote: »

From reading your details you definitely have a case. You should see a solicitor, many din't charge a fee unless you win, lots of good firms offering this service.

You will have to go to independant doctors and there could be quite a lot of paperwork so you would be better off going to one.

Isn't it against law society rules to advertise no win no fee?

Mr. Incognito

Little CuChulainn wrote: »

Isn't it against law society rules to advertise no win no fee?

To advertise yes.

But any agreement between the client and the solicitor is between them.