You deal with hard nosed legal people who do anything they can to not pay out compensation, what is the correct thing to do and being morally wrong just doesn't come into it. My fall happened in October and in typical Manchester tradition it had rained all day and night. Even in August it was obvious that the new floor was dangerous, it was slippery with a bit of condensation on it! I became angry at the club's lackadaisical response to my concerns. Indeed my first e mail was totally ignored and it was only Ric's intervention that galvanised them into action. I offered to meet the said person prior to the Norwich game but they were too busy. They were then going to phone me on their return from the Seville away game but they never did. I then sought legal advice and as such couldn't speak to the club again.
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Appealing for witnesses.
- Thread starter paulchapo
- Start date
You deal with hard nosed legal people who do anything they can to not pay out compensation, what is the correct thing to do and being morally wrong just doesn't come into it. My fall happened in October and in typical Manchester tradition it had rained all day and night. Even in August it was obvious that the new floor was dangerous, it was slippery with a bit of condensation on it! I became angry at the club's lackadaisical response to my concerns. Indeed my first e mail was totally ignored and it was only Ric's intervention that galvanised them into action. I offered to meet the said person prior to the Norwich game but they were too busy. They were then going to phone me on their return from the Seville away game but they never did. I then sought legal advice and as such couldn't speak to the club again.
I recognise it now and take a deep breath but I can feel the rage bubbling just below the surface.On the odd occasion I just erupt and then I am in the situation before I have had time to stop myself, which can prove interesting depending on how the other party reacts lol. It is just like someone flicks a switch, odd sensation.
Karen's right mate, at least we're still here. I became a member of the brainbleed club back in 2010 and my fuses are a lot shorter than they used to be, it has caused me a couple of problems but fortunately nothing got out of hand. As you say it's like you're boiling inside and the lids coming off. A few weeks ago I offered a bloke out on Waitrose carpark, thankfully he declined and stayed in his car, I'm 57 ffs, fairly sure I wouldn't have done that when I was 49.
Sometimes think it would have been an easier transition if I'd lost a limb rather than suffered a brain injury, no disrespect intended as I'm sure that would also be terrible to deal with.
Anyway, good luck with your case, I know your op was to ask for witnesses rather than advice, hope you manage to locate some and have a successful outcome.
Karen's right mate, at least we're still here. I became a member of the brainbleed club back in 2010 and my fuses are a lot shorter than they used to be, it has caused me a couple of problems but fortunately nothing got out of hand. As you say it's like you're boiling inside and the lids coming off. A few weeks ago I offered a bloke out on Waitrose carpark, thankfully he declined and stayed in his car, I'm 57 ffs, fairly sure I wouldn't have done that when I was 49.
Sometimes think it would have been an easier transition if I'd lost a limb rather than suffered a brain injury, no disrespect intended as I'm sure that would also be terrible to deal with.
Anyway, good luck with your case, I know your op was to ask for witnesses rather than advice, hope you manage to locate some and have a successful outcome.
This is true. Initially when I fell, I flipped straight forward onto my head and felt embarrassed so tried to get up straight away, helped by the guy I was talking to when it happened. When everything started spinning and I sank back to my knees I knew I was in trouble and due to some recent high profile deaths due to head injuries the thought did cross my mind this could be my time.
As Karen said you look ok on the outside. I have had mates take the piss when I tell them I am tired and need to call it a day when drinking but I can't help it. When the fuse blows all rational thought goes out of the window. Things that you would have let ride prior to the accident suddenly become a huge matter and you can't let it go initially. The argument with the showsec knob was typical. I knew it was a waste of time and ultimately he held all the aces, he could refuse me entry, have me banned etcetera. That mattered not a jot at the time and it took every ounce of what control I did retain to stop myself from lamping him one, trust me I really wanted to do so. I am working on it but sometimes it is difficult.
You deal with hard nosed legal people who do anything they can to not pay out compensation, what is the correct thing to do and being morally wrong just doesn't come into it. My fall happened in October and in typical Manchester tradition it had rained all day and night. Even in August it was obvious that the new floor was dangerous, it was slippery with a bit of condensation on it! I became angry at the club's lackadaisical response to my concerns. Indeed my first e mail was totally ignored and it was only Ric's intervention that galvanised them into action. I offered to meet the said person prior to the Norwich game but they were too busy. They were then going to phone me on their return from the Seville away game but they never did. I then sought legal advice and as such couldn't speak to the club again.
I must say part of me is surprised how unsympathetic they responded to you, they seemed fine with me. I only emailed for he safety of others, primarily because I saw an elderly fella cop it on his arse after me.
Hope you get sorted and get what you need/deserve.
I must say part of me is surprised how unsympathetic they responded to you, they seemed fine with me. I only emailed for he safety of others, primarily because I saw an elderly fella cop it on his arse after me.
Hope you get sorted and get what you need/deserve.
Me too, maybe I was unlucky and it was a busy time or something but it left a bad taste in the mouth I must admit. That was exactly the reason I contacted them. I wasn't feeling great myself but the thought of someone frailer than me having the same accident I fear they would not have survived.
Thanks we will see where it goes.
DenisLawBackHeel74
Well-Known Member
- Joined
- 20 Feb 2010
- Messages
- 10,876
Sorry to hear about your accident, hope you get it sorted. I'm assuming the lack of support/response from the club is related to the liability issue.
My perspective is that the club have a legal responsibility to ensure the ground, fixtures and fittings are safe for supporters to use
They also have a duty of care following an accident in the ground
Clearly failed you in both regards so hopefully you can get some recompense through the courts
My perspective is that the club have a legal responsibility to ensure the ground, fixtures and fittings are safe for supporters to use
They also have a duty of care following an accident in the ground
Clearly failed you in both regards so hopefully you can get some recompense through the courts
Sorry to hear about your accident, hope you get it sorted. I'm assuming the lack of support/response from the club is related to the liability issue.
My perspective is that the club have a legal responsibility to ensure the ground, fixtures and fittings are safe for supporters to use
They also have a duty of care following an accident in the ground
Clearly failed you in both regards so hopefully you can get some recompense through the courts
No at that time I hadn't taken any legal advise in spite of people telling me to do so. It was the crap response I did get that made me angry and fired me up to do so.
This is my findings and it is a line my not so brilliant solicitor may take but he says it isn't as straightforward as it appears.
Thanks we will see how it goes.
tazmancblue
Well-Known Member
- Joined
- 2 Jan 2009
- Messages
- 1,118
City are unlikely to be liable from the limited info provided here. Under section 2 of the Occupiers Liability Act 1957, an occupier has to take reasonable steps to safeguard visitors; by employing an expert contractor to undertake installation and testing, they will be considered to have taken reasonable steps.
If that contractor (or their sub-contractors)has failed to do what they promised, or fitted sub-standard covering, then the liability lies with them.
With regards the records for the incident, the insurers of the responsible party are likely to have obtained the hospital records, or your solicitor could request them; the info in those would be sufficient to prove a causal link. I would suggest that, if your solicitor has not requested these, then the solicitor is not particularly good.
I would suggest you find an alternative solicitor.
As you can guess, I work in the industry, but not for a solicitors, and will be willing to give any further advice via PM if required...
If that contractor (or their sub-contractors)has failed to do what they promised, or fitted sub-standard covering, then the liability lies with them.
With regards the records for the incident, the insurers of the responsible party are likely to have obtained the hospital records, or your solicitor could request them; the info in those would be sufficient to prove a causal link. I would suggest that, if your solicitor has not requested these, then the solicitor is not particularly good.
I would suggest you find an alternative solicitor.
As you can guess, I work in the industry, but not for a solicitors, and will be willing to give any further advice via PM if required...
nozzyblue
Well-Known Member
Just seen this and sorry to hear about what has happened. I had a slip on the same surface and dislocated my shoulder in 2012. I had a very negative experience dealing with city (someone from the club even photographed the soles of my trainers while I was in agony waiting for the medics would you believe!). A hopeless solicitor didn't help. If you want to pm me your phone number or email I can let you have more detail of how City defended the case in the hope it helps you.
City are unlikely to be liable from the limited info provided here. Under section 2 of the Occupiers Liability Act 1957, an occupier has to take reasonable steps to safeguard visitors; by employing an expert contractor to undertake installation and testing, they will be considered to have taken reasonable steps.
If that contractor (or their sub-contractors)has failed to do what they promised, or fitted sub-standard covering, then the liability lies with them.
With regards the records for the incident, the insurers of the responsible party are likely to have obtained the hospital records, or your solicitor could request them; the info in those would be sufficient to prove a causal link. I would suggest that, if your solicitor has not requested these, then the solicitor is not particularly good.
I would suggest you find an alternative solicitor.
As you can guess, I work in the industry, but not for a solicitors, and will be willing to give any further advice via PM if required...
Yes my solicitor mentioned this act. I understood it but answered that as it is a public venue going to admit thousands of fans, surely some tests should have been carried out on the flooring prior to doing so. I believe tests were carried out on the seating in the extended section in the south stand so why not the floor?
My problems with the solicitor stem from the original one going on maternity leave and my file being left gathering dust. He now has to pore over all my paperwork from scratch.
He has said there is a possibility they could take both the club and the contractor to court and they may agree to split the damages, it sounds far fetched but I guess possible.