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my mates mrs fell down a manhole

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Old 26 January 2009, 08:14 PM
  #31  
yoza
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Dont blame our travelling folk....theres no money in iron anymore (new or old), maybe last September/October when the price was high, but not now.

But if there where cobbles missing....well thats another story.
Old 26 January 2009, 08:17 PM
  #32  
Dedrater
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Personally I reckon if it had happened to anyone on this forum and I mean 100% of every one of you! and you had the chance to make one phone call to some ClaimsDirect type office, knowing you will be at least getting 5k in a few weeks time, I honestly can not accept that any one of you would not make that call on moral grounds.
Old 26 January 2009, 08:26 PM
  #33  
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Your dead right, wheres theres blame theres a claim.

But there are also people who take the pi55...see below.


A guy in our place claimed for a burn to his index finger, got £1200, and was booked as an LTA lost time accident.

There reason he burnt his finger was that he thought there was an electrical problem with a car on the final line, so he presses in the cigar lighter to elliminate the fuse to the dash area, and then pressed his finger on the ellement, the lighter was working....

In his defence he claimed that nobody had told him NOT to put his finger on the ellement.

It a mad world.
Old 26 January 2009, 08:26 PM
  #34  
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*nods*
Old 26 January 2009, 08:48 PM
  #35  
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Originally Posted by Dedrater
Personally I reckon if it had happened to anyone on this forum and I mean 100% of every one of you! and you had the chance to make one phone call to some ClaimsDirect type office, knowing you will be at least getting 5k in a few weeks time, I honestly can not accept that any one of you would not make that call on moral grounds.

I wouldnt normally

-well until i heard the word Tesco
Old 26 January 2009, 08:51 PM
  #36  
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WHERES MA COMPENSEYSHUN!!!!!!
Old 26 January 2009, 08:52 PM
  #37  
Fuzz
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Originally Posted by Dedrater
Personally I reckon if it had happened to anyone on this forum and I mean 100% of every one of you! and you had the chance to make one phone call to some ClaimsDirect type office, knowing you will be at least getting 5k in a few weeks time, I honestly can not accept that any one of you would not make that call on moral grounds.

Well you'd be wrong then..

Actually unless it was pitch black and I physically couldn't see, I wouldn't have fallen down it in the first place because I'd be looking where I was fecking going!

If by some miracle I DID fall down it, I'd be like "Arrrghh **** me what an idiot I am." dust my self off and go do my shopping..
Old 26 January 2009, 08:52 PM
  #38  
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No need to shout.
Old 26 January 2009, 09:45 PM
  #39  
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give those no win no fee solicitors a bell and see what they can do...
Old 26 January 2009, 09:49 PM
  #40  
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Where there is a drain, there is a claim
Old 26 January 2009, 09:59 PM
  #41  
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Originally Posted by what would scooby do
Where there is a drain, there is a claim


Guess where I'm going shopping tomorrow?

Jokes aside, glad she's OK but with regards to compo 1k max?
Old 26 January 2009, 10:07 PM
  #42  
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The value of the claim is not a lot other than Tesco's conscience which is probably not great either. Minor soft-tissue injury with no permanent damage. I wouldn't put it as high as £1k but they might get a fo payment as it'll cost a lot more in solicitors fees to a) fight it & b) to pay the other solicitors fees.

BTW, no win no fee is precisely that but the other side of the coin is that if they win they can charge a "success fee" of a % of the compensation won - which might mean that not a lot becomes even less! Advice is to avoid solicitors and do it themselves.
Old 26 January 2009, 10:11 PM
  #43  
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hhmmm, part of me thinks even when it's dark you would still see an open man hole cover?? but things happen and I guess its easy to say this until it actually happens to you.

There does seem to be this mentality though that as soon as "anything" happens to someone in this country, their straight on the blower finding out how much compo they can get. If something happens to you, within reason, so what, why should you get money for it??

IMO i think it would depend on the 'injury', should the person be in a fair bit of pain, couldn't work or was put out in some way then fair enough but otherwise I would have to think twice about it.

My g/f works for a solicitor, the stories she tells me/what people are claiming for........... one guy recently (who is in prison) punched a glass window (in prison) and obviously cut his hand a bit. He is now claiming because he believes there should have been a notice on the "glass" window saying it was glass as he thought it was plastic!! FFS

And the thing is, a high percentage of these people who they deal with are chavs, don’t work and are on benefits, needless to say their claiming legal aid to pay for all the legal fees, and in turn claiming for stupid things. If it wasn’t for the legal aid then most of these people wouldn’t bother claiming/try it on, as they wouldn’t pay for it.

P.S. I’m not saying the OP’s friend is a chav.

Last edited by stiscooby; 26 January 2009 at 10:14 PM.
Old 26 January 2009, 11:17 PM
  #45  
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irrelevant eyesight jibes. partially sighted people are to expect a basic level of safety when using public areas, a gaping hole is unexpected. there is a very good reason why public utility companies have to safely guard off manholes and excavations in not just public areas, but private land too. the person falling in that hole could have easily been an old dear, and broken hips can be fatal for some old people, eyesight efficiency has ****-all to do with it...............but still, slapstick as ****

Last edited by stara; 27 January 2009 at 08:02 AM.
Old 27 January 2009, 07:43 AM
  #46  
Dave1980
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some mixed reviews there, remember she was probably paying more attention to what their young son was doing as oppossed to where she was walking being a mum.

either way its wrong to leave it like that and/or not to check how the work area was left.

it was a very nasty injury to both legs but nothing broken thankfully.

they have taken it to a proper solicitor not one of those claim merchants. just curious to see what people thought or if they had known of anyone in a similar situation.

seriousness aside i did find it funny and i will remind him of her being "a drain on the economy".
Old 27 January 2009, 07:52 AM
  #47  
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She SHOULD ask for some free shopping and be thankfull her kid didnt fall down. BUT every other c*nt does it so why not get a claim in!
Old 27 January 2009, 08:28 AM
  #48  
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Originally Posted by stara
irrelevant eyesight jibes. partially sighted people are to expect a basic level of safety when using public areas, a gaping hole is unexpected. there is a very good reason why public utility companies have to safely guard off manholes and excavations in not just public areas, but private land too. the person falling in that hole could have easily been an old dear, and broken hips can be fatal for some old people, eyesight efficiency has ****-all to do with it...............but still, slapstick as ****
youd have to prove you were partially sighted tho
Old 27 January 2009, 08:33 AM
  #49  
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Originally Posted by Dedrater
Personally I reckon if it had happened to anyone on this forum and I mean 100% of every one of you! and you had the chance to make one phone call to some ClaimsDirect type office, knowing you will be at least getting 5k in a few weeks time, I honestly can not accept that any one of you would not make that call on moral grounds.
but i have already explained to this thread that the same did happen to me, and i did not claim

or kick up a fuss

moral high ground ahoy
Old 27 January 2009, 08:37 AM
  #50  
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I would feel stupid and embarrassed and i'd tell no-one. Getting the **** taken out of you for the next 10 years for the sake of a weeks wages, bugger that
Old 27 January 2009, 08:40 AM
  #51  
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What if she didnt work tho ?
Old 27 January 2009, 08:44 AM
  #52  
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Why would she be less embarrassed if she was unemployed

When you think about all the insurances you pay in a year, it soon adds up. Even tescos have insurance payments due to these sorts of incidents/accidents.

If we all start down this road, we'll be the losers (loosers for the hard of thinking).

Old 27 January 2009, 08:46 AM
  #53  
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you got shares in them havnt you
Old 27 January 2009, 08:47 AM
  #54  
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Maybe
Old 27 January 2009, 10:31 AM
  #55  
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Anyone remember the Only Fools and Horses one.

Made me smile.

Anyway,Occupiers liability and all that
Old 27 January 2009, 11:33 AM
  #56  
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Thats a pretty nasty thing to happen and I think she is lucky to get away lightly compared to how bad it could have been.

I suppose it all depends on who is responsible for the safety of the manhole cover and whether it was signed off properly after the work was done on it.

Les
Old 27 January 2009, 02:28 PM
  #57  
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Health and Safety at Work etc Act 1974.


Inform the HSE then do them under section 3(1) &3(3)
Old 27 January 2009, 03:22 PM
  #58  
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I'm not into the compo culture either, but if you are injured through no fault of your own and it in anyway puts you out, then damn right there should be something in it financially to help cover any costs, BUT it should be related to what happens and not silly amounts.

As for people saying "look where you are going" etc, please FFS try some more mature responses. Any normal person would expect a manhole to have a cover over it, especially in a dark car park (we all assume there was enough light, but our Tesco car park is dark and underground and full of Polish people washing cars!!) so you would expect to be able to walk along without having to look down at the ground.

She may have been carrying her young son, or as said earlier keeping an eye on his walking - for those of you with kids, you will know how hard it can be to keep an eye on them in car parks.

If a similar thing happened to me, due to some idiot not doing his/her job properly and it meant I had to take a few weeks off work, or it would restrict me in any other financial way then I would EXPECT to be reimbursed the correct amount that I was out of pocket - why should I be out of pocket due to some issue on a company owned car park?

Finally, bear in mind, this isn't the council or someone's drive, this is scum of the earth Tesco, who have no morals or customer service whatsoever. I had a coming together with a Tesco manager last week, and what a prime **** of a man he was, they have no idea!!

Last edited by Dream Weaver; 27 January 2009 at 03:25 PM.
Old 27 January 2009, 03:41 PM
  #59  
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At the OP.

This does sound like one of the genuine cases for a claim IMHO, dont listen to all the people who might slate you for it. Injuries have been sustained and its not as if the injured party could have been expected to avoid the incident. Its not as if she has ducked under a barrier or something, she was walking along like any other person and you dont expect such a danger to exist - hence why you are walking along as normal. I.e if it was icy and she slipped whilst running and carrying 10 bags of shopping then I would say what do you expect, its icy, you are running and carrying a lot of stuff - the chances of slipping are quite high would you not agree. But do you expect to fall down a gaping manhole cover... of course not, the chance of that is almost zero - only due to someones neglegance. Mind you reading the above posts it does seem to happen more than you might think!!! Maybe I will take my NVGs with me next time I go down to Tesco.....
Old 27 January 2009, 03:51 PM
  #60  
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I work as a Quantity Surveyor on a utilities contract and the Chapter 8 (barriers) are the responsibility of the Contractor undertaking the work. As the hole was left open the chapter 8 should have been set up around the hole until it has been reinstated and closed out but if it has been removed it won't be tesco who are Liable, it will the contractor or service provider.
You need to find out what the hole was open for, then look into speaking to the council regarding the contractor on this job as the council know about all the jobs we undertake.
If you find out its a utility job like a gas main, electric fault or water mains then you can contact the service provider and ask them who was working there and explain the situation, this is probably your best route as they will assist you as they don't want bad press.

I hope this helps out a little bit for you and hope the women gets some sort of apology or compensation.


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