What's the point of no win no fee lawyers ? A year ago last December I slipped on a damp tiled staircase in a shopping centre and broke my ankle , I needed surgery , 6 screws and a steal plate are now in me for life. My foot still gets very sore if I walk or on my feet all day .
I contact a no win lawyer (a company with a good rep) , gave all the details of slip and the details of the person who came to my aid (he was there within 20seconds) . My "witness" gave over the phone evidence that the floor was an accident waiting to happen .
The centre are saying the floor was "dried" on a regular basis and there was a warning sign saying the floor was slippy . There wasn't a sign , if there was a sign I would have landed on it as the area in question isn't that big.
The lawyer is now backing away from the claim as the shopping centres insurance aren't admitting responsibility and the cost of going to court is prohibitive , up to £10k plus lawyers charges .
So basically unless the company that is being claimed against don't admit anything no lawyer will take them to court , the who thing has been a pointless exorcise , over a year of back and forth .
If anyone knows Cumbernauld shopping centre they will know that when it rains the stairs are always wet/damp by footfall traffic. Do it now ! Your a long time dead !!

I used Gordon Slater recently due to a fall on coleslaw in a supermarket, there were very good Former Mod/Member, with the most post & Chicken George Arch nemesis

I walked into the Gents at a motorway service station the other day and someone had fallen over one of those stupid signs saying "Wet Floor" !! 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

It's a problem that has been caused to some extent by the NWNF lawyers.
At one time places would just pay up as it was cheaper than trying to fight it even if it could be proved they were not at fault but there are so many claims now they fight every one.
It also encouraged the serial claimers, my wife knew of one family that had 8 ( eight ) claims going through with various NWNF companies at the same time. Mine, Saab convertible
Hers, MY08 GS auto

At one time people would watch where they were going and accept it was their own silly fault if they fell over something! "That'll teach me to watch where I'm going" was the standard reaction then - now it's "Who can I sue?"!

I agree pab sometimes happens , but in this case who thought it was a good idea to have tiled stairs leading on to a tiled floor , especially when damp or wet by foot fall . I slipped going from the very last step on to the ground floor, both damp , I put my right heal on the ground and the next thing I knew I was laying in a heap on the ground in pain. Yes I was watch where I was going and I was carrying a laptop bag .
What I would expect on an area that that has the potential to have a slippery surface is to have the metal carpet mat thing that is in the door way of every supermarket , if this stairwell had it I wouldn't have slipped.
I can no longer play footy (used to play 7 a side on a Monday night , nothing great but it was a run about) , I pretty much can't run as the I have lost about 30% movement in my ankle , I couldn't play golf last year as I couldn't walk for 18 holes . Do it now ! Your a long time dead !!

personally I think they have a duty of care to their customers, in my case, another person had fallen on this coleslaw, unbeknown to me, (I found this out later at the till) about 10-15 minutes before, they failed in their duty of care by not immediately cordoning off the area whilst they cleaned it up. instead they left it there for me to find and go down on the shop floor like a sack of spuds in a split second Former Mod/Member, with the most post & Chicken George Arch nemesis

you failed your duty of care by slipping on some food in a food shop At work
At home

"I can't always believe facts I read on the web" - Charles Dickens

winner by default of the tractor vs caravan race

They obviously think in this case they wont win and it will cost them the 10 grand if they try, they only want cases that will be quick and a dead cert to win on, ie some private individual, not a national chain or big company who employ Mr Loophole to get them off the hook.

If everyone had a 'duty of care' absolutely nothing would get done.

What next? ... The accident was the fault of the weather girl, she failed to mention it was going to rain so I didn't use my wipers thereby causing me to crash.

If shes a biffer weather girl yes. The girl on Yorkshire tv could be forgiven anything  At work
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"I can't always believe facts I read on the web" - Charles Dickens

winner by default of the tractor vs caravan race

taztastic wrote:

If everyone had a 'duty of care' absolutely nothing would get done.

What next? ... The accident was the fault of the weather girl, she failed to mention it was going to rain so I didn't use my wipers thereby causing me to crash.

Sufficient proximity test Taz. To use your comedy example, there isn't sufficient proximity between the weather girl and the person driving the car. From what CG says, close proximity would be excellent

Of course, there is sufficient proximity between a shop and its customers. The company being held liable for any negligent acts of its employees through vicarious liability unless of course the employee was 'off on a folly' and not acting in the course of his/her employment. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Doc can I pm u ? Do it now ! Your a long time dead !!

The other thing with no win no fee is if you don't win you wont pay your solicitors costs, most people think great its worth a punt but what they dont realise is you may end up paying the other party's fee/costs if the judge awards them

Purplemadboy wrote:

Doc can I pm u ?

Sure With an added caveat that some laws work differently in Scotland so I might not have the answers to some things  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey