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PI claim with uncertain details - could a successful claim be possible?

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    #32
    gmisk
    Registered Users Posts: 32,240 ✭✭✭✭gmisk


    Pop up Advert for this thread is for a personal injury solicitor....

    There is clearly very little wrong with op if they haven't been in the 6th months since the "accident"


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    #33
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    I did not break the chair. I had been in there many times before and since, and sat on similar chairs and they never fell apart under me.

    This time, as soon as I put my ass on the chair, the top came free from the legs and slid backwards off the legs and I ended up flat on the floor.

    Staff member came over and took the parts of the chair away, and didn't so much as ask me was I alright or offer to help me up.

    To this day that table only has 2 plastic chairs whereas tables nearby have 3. There is clearly one chair still missing. They may have evidence of the accident having occured on their CCTV.

    i konw the exact spot in the restaurant where it happened and i know it happened on one of three dates.
    Could I ask a solicitor to ask the restaurant to view the CCTV on those dates?


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    #34
    kippy
    Registered Users Posts: 18,462 ✭✭✭✭kippy


    TheBoyConor wrote: »
    I did not break the chair. I had been in there many times before and since, and sat on similar chairs and they never fell apart under me.

    This time, as soon as I put my ass on the chair, the top came free from the legs and slid backwards off the legs and I ended up flat on the floor.

    Staff member came over and took the parts of the chair away, and didn't so much as ask me was I alright or offer to help me up.

    To this day that table only has 2 plastic chairs whereas tables nearby have 3. There is clearly one chair still missing. They may have evidence of the accident having occured on their CCTV.

    i konw the exact spot in the restaurant where it happened and i know it happened on one of three dates.
    Could I ask a solicitor to ask the restaurant to view the CCTV on those dates?
    There is zero chance CCTV records will exist of that.
    Go talk to a solicitor.


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    #35
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    TheBoyConor wrote: »
    1. Establish that the defendant owes the plaintiff a duty of care,
    Obviously they do have a DoC to their customers. It is a large restaurant chain.

    2. Establish that there has been a breach of that duty of care,
    Clearly there was as their chair fell to pieces under me. Was inadequately checked for damage or maintained. Or it may have been unforeseeable , in which case argument to be made no breach

    3. Establish that the plaintiff has suffered injury and losses,
    I did fall onto my back when the chair fell apart under me.currently the court only has your word on this and a doctors report from 6 months after the incident, I don't think any doctor would testify that tehy are sure that the injuries came out of that incident

    4. Establish that the defendant's breach of duty is the cause of the injuries.
    I think it is reasonable to suggest that this incident could have resulted in back pain.It could have caused it but that is not the standard the burden is on you to prove with evidence the link, which you can't

    5. The plaintiff carries the burden of proof.
    I can prove that the incident happend. perhaps it will be on CCTV.CCTV after 6 months? really? also you can't remember hwne this happened so no one else will remember

    6. The required standard of proof is that of the balance of probabilities.
    An incident did occur. I fell on my back. My back is now sore. I would have thought that on balance, it is a scenario that would be more plausible than implausible. you can't connect an event to an injury six months later that is implausible

    I think that because they failed in their duty of care, I should be entitled to something. Perhaps even their insurers would offer to settle just to make it go away and not have to go the whole hog with court?good luck with that insurers are vicious if they think you have a weak claim

    11


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    #36
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Mods, delete the thread please.


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    #37
    Silent Running
    Registered Users Posts: 2,818 ✭✭✭Silent Running


    TheBoyConor wrote: »
    Mods, delete the thread please.

    Mods, don't. Let it stand as a reminder of why we have to pay sky high insurance premiums.


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    #38
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Delete it Mods, please. I'm done with it and all i've gotten is ridicule.

    And I pay high insurance too you know.


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    #39
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    TheBoyConor wrote: »
    Delete it Mods, please. I'm done with it and all i've gotten is ridicule.

    And I pay high insurance too you know.

    If you think this is bad imagine being in the witness box in front of the insurers barrister ....


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    #40
    kippy
    Registered Users Posts: 18,462 ✭✭✭✭kippy


    TheBoyConor wrote: »
    Delete it Mods, please. I'm done with it and all i've gotten is ridicule.

    And I pay high insurance too you know.

    You've gotten some good advise.
    Not agreeing with the advice you've gotten doesn't make you ridiculed.

    We all pay high insurance - can you claim off your own insurance?


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    #41
    marieholmfan
    Registered Users Posts: 2,744 ✭✭✭marieholmfan


    Very unkind responses to the OP who has been badly hurt by falling off a chair and just wants some compensation for pain and suffering.


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    #42
    SeeMoreBut
    Registered Users Posts: 799 ✭✭✭SeeMoreBut


    marieholmfan wrote: »
    Very unkind responses to the OP who has been badly hurt by falling off a chair and just wants some compensation for pain and suffering.

    Which has not stated what compensation he wants.


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    #43
    sydthebeat
    Subscribers Posts: 41,152 ✭✭✭✭sydthebeat


    marieholmfan wrote: »
    Very unkind responses to the OP who has been badly hurt by falling off a chair and just wants some compensation for pain and suffering.

    people suffer pain and suffering everyday....

    is EVERYONE entitled to compensation?


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    #44
    Eggs For Dinner
    Registered Users Posts: 2,950 ✭✭✭Eggs For Dinner


    TheBoyConor wrote: »
    And I pay high insurance too you know.

    Can you not see the link between the type of action you are considering and the fact everyone is paying stupid levels of premium


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    #45
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,054 Mod ✭✭✭✭Seth Brundle


    marieholmfan wrote: »
    Very unkind responses to the OP who has been badly hurt by falling off a chair and just wants some compensation for pain and suffering.
    Is that you, Maria Bailey?


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    #46
    endacl
    Registered Users Posts: 22,247 ✭✭✭✭endacl


    I fell over once. Can I have some money please?


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    #47
    Beau Bennett
    Closed Accounts Posts: 46 ✭Beau Bennett


    If I fell off my chair laughing after reading this, could I sue the OP? Fair play to the staff for keeping straight faces.


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    #48
    Eggs For Dinner
    Registered Users Posts: 2,950 ✭✭✭Eggs For Dinner


    On a serious note, claims like this are received on a regular basis and it can cost serious money to defend by insurers, regardless of the outcome. It's not free money that they have to shell out to close a file with no payout. I'm not talking about fraud, just spurious claims


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    #49
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    marieholmfan wrote: »
    Very unkind responses to the OP who has been badly hurt by falling off a chair and just wants some compensation for pain and suffering.

    A respectful reminder - any action based on the tort of negligence is fault based. The practical and evidentiary difficulties have been pointed out.


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    #50
    gibgodsman
    Registered Users Posts: 564 ✭✭✭gibgodsman


    This Thread is everything that is wrong with Ireland. Fell off a chair 6 months ago, had no pain, 6 months later, oh my back hurts, might as well make a claim against that place I ate at once where I fell off a chair....

    Ever think maybe something else is causing the back pain? Are you by any chance overweight? Maybe the main reason for the chair breaking?


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    #51
    marieholmfan
    Registered Users Posts: 2,744 ✭✭✭marieholmfan


    gibgodsman wrote: »
    This Thread is everything that is wrong with Ireland. Fell off a chair 6 months ago, had no pain, 6 months later, oh my back hurts, might as well make a claim against that place I ate at once where I fell off a chair....

    Ever think maybe something else is causing the back pain? Are you by any chance overweight? Maybe the main reason for the chair breaking?
    Does the restaurant have a claim against the OP for reckless misuse of a chair?


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    #52
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    marieholmfan wrote: »
    Does the restaurant have a claim against the OP for reckless misuse of a chair?

    Improbable :)


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    #53
    meathstevie
    Registered Users Posts: 4,772 ✭✭✭meathstevie


    TheBoyConor wrote: »
    Doctors receipt with receipts for prescription pain medication? Or physiotherapists report, would that not be enough substantiation?

    No that’s just evidence that you’ve been to the doctor or the physio. Six months or so after the alleged event the cause of the perceived back pain could be just about any physical activity that has happened since. Also, not a single premises will have any cctv recording available after six months unless the incident was noticed and a recording saved.

    If you were at the restaurant on an approximate date half a year ago you will have to start by substantiating your case with proof of having been there.


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