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-   -   Can I claim? (https://www.askmehelpdesk.com/showthread.php?t=485279)

  • Jul 4, 2010, 10:06 AM
    c_starrs
    Can I claim?
    I know it's a very small injury, but it still hurts and could have been avoided.

    I was in a health club and stood on a shard of glass that went into my toe, 20 minutes earlier the staff had been looking for glass shards because a light bulb had went missing from the sauna and apparently someone had heard it had been smashed somewhere.

    I've got a copy of the accident report by the health club, so, do I have a case or am I just going to have to suck it up.
  • Jul 4, 2010, 10:16 AM
    JudyKayTee

    You can only sue for monetary damages - what are your monetary damages?

    Medical bills, lost time from work?

    I have seen pain and suffering cases in Small Claims Court but in my area they are thrown out.

    In some States there has to be prior notice of a dangerous condition, which condition is NOT resolved, before the injured person can collect.
  • Jul 4, 2010, 01:08 PM
    AK lawyer
    Quote:

    Originally Posted by JudyKayTee View Post
    ... In some States there has to be prior notice of a dangerous condition, which condition is NOT resolved, before the injured person can collect.

    Another way of saying that management has to be somehow negligent. These facts seem to suggest absence of negligence:

    Quote:

    Originally Posted by c_starrs View Post
    ... 20 mins earlier the staff had been looking for glass shards because a light bulb had went missing from the sauna and apparently someone had heard it had been smashed somewhere. ...

    Of course one could go into great detail to nail down who someone was who heard it, where it was, how hard the staff looked, why they didn't evacuate the area, etc. That's what lawyers get paid for it if the damages are worth the trouble.
  • Jul 4, 2010, 01:38 PM
    JudyKayTee
    Quote:

    Originally Posted by AK lawyer View Post
    Another way of saying that management has to be somehow negligent. These facts seem to suggest absence of negligence:

    Of course one could go into great detail to nail down who someone was who heard it, where it was, how hard the staff looked, why they didn't evacuate the area, etc. That's what lawyers get paid for it if the damages are worth the trouble.

    What "facts" do you see that indicate an absence of negligence?

    Until someone walks into that Health Club and ASKS, pulls records, talks to the custodian and other members no one knows if there was negligence or if there was not.

    I do agree this is a relatively minor injury (in the eyes of the Law) and not work all that time and trouble BUT I see nothing that indicates an absence of negligence.

    I also know not all States are the same when it comes to slips and falls and other similar accidents - and this is considered to be in that area.
  • Jul 7, 2010, 10:45 AM
    twinkiedooter

    JKT and AKL the party listed their location as Glasgow so I'm thinking that US laws would not fit the bill here.

    You both did bring up some very salient points though for future reference.

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