Postwoman trips and falls while delivering post - claim?

[azibux1]

Hi,

So the postwoman tripped on a step outside the house. The driveway has a gradual curve downwards where it stops to flatten out at the end. On the left of this is the house and there are slabbed steps (3) to the left that go up towards the door. She did not realise that the driveway was curved but the steps did not in fact curve with the driveway and knocked her foot into the first step and fell down, hitting her wrist on one of the higher steps.

My father asked if she's ok and she said yes.

A little while later she came back with peas/ice on her wrist and a gentleman presumably from the company / some kind of union taking photographs and videos re-enacting what they think happened / where she fell.

I thought I would be helpful instead of making them guess and showed a cctv recording to the guy of exactly what happened and he took a copy of this.

I see companies (solicitors) online that say for postal workers to get in touch if they've been injured on the job and one example is "tripping over dangerous pavements".

Can they make some sort of claim against the owner (my parents) of the property?

It did look very painful and yes she did trip on the step, but no other courier has done this in many deliveries across 10 years at the property.

Just wondering what might come of this and what is reasonable.

Thanks!

 

[pooley]

sadly in this day and age where madness is the norm a claim is pretty much a reality...

 

[BDEE]

You would think someone in that line of work would learn to watch where they are walking and if they assessed the steps as dangerous then not walk on them.

I assume they have home insurance with liability cover, in which case if they do make a claim just refer them to the insurance company.

 

[VaderDSL]

It might just be simply a case of them documenting it for internal reasons? Like if they didn’t and she developed something more serious, they might be in trouble for not at least documenting it for her?

 

[Mr Jack]

It might just be simply a case of them documenting it for internal reasons? Like if they didn’t and she developed something more serious, they might be in trouble for not at least documenting it for her?

Yes, this or necessary for internal insurance claim. Don't assume it is related to a claim against you (the OP).

That said, I believe you are liable in cases like this but it requires your property to be in an obviously unsafe condition, IIRC.

 

[azibux1]

Thanks all!

Sounds reasonable and yeah it might just be for internal injury report or something.

I definitely wouldn't say the step is obviously unsafe at all.

 

[Chris Wilson]

I'd bring a counter claim, she's obviously too unstable to deliver your mail How many times has mail been delivered without an accident?

 

[Mcnumpty2323]

Possibly for an accident report
If she has to take time off work because of it
Common sense would suggest if the steps are in good condition then shouldn't be able to sue the home owner
Though common sense and lawyers in the same sentence is probably a bad idea
Only time will tell you I guess

 

[Puzzled]

Wouldn't the claim be against her employer anyway?

 

[azibux1]

Wouldn't the claim be against her employer anyway?

I figured as above it could be made against the owner of the property? But I think that's maybe only if there is a clear safety issue at the property, which was not the case here

 

[Ayahuasca]

She should have dropped her bait on the edge of the drive instead of trying to reach the letterbox.

 

[Mcnumpty2323]

Not even sure why she should be able to claim against her employer
They weren't negligent
They didn't send her somewhere that was unsafe
Though guess it's getting more like America every day sue someone for anything at the drop of a hat
Good that there's cctv of it though
Some photos of the current condition of the steps is probably a good idea just in case anyway

 

[Werewolf]

As has been said it's probably for RM's internal injury book rather than anything else, as IIRC like all companies RM have to keep a record of injuries sustained on the job, but they also keep a record of "dangerous" addresses*, my guess is that the photo is to show the condition of the path for their injury book and to help decide if the path is dangerous.

Personally I doubt very much anything will come of it that you'll hear of unless the path is dangerous, which it doesn't sound like is the case given it sounds like it's in good condition just not quite what you expect (like a lot of front paths in gardens that have been landscaped/resurfaced etc).

If anything does come of it, which is very unlikely most home insurance policies have liability cover for just this sort of even, IIRC up to a couple of million is standard.


*Those where there is say a dog that's considered a threat, or paving that is unduly slippery in wet/icy conditions.

 

[Werewolf]

Wouldn't the claim be against her employer anyway?

If the path was dangerous it would be on the property owner not the employer (or possibly jointly) as RM don't know the state of every front path in the country and can't be held responsible for them unless they're already away of an issue (hence they keep track of properties where a postie has been hurt).
It's one of the reasons you normally have public liability cover on your household insurance, it covers injuries that happen on your property or due to unforeseen events involving your property.

 

[Efour]

Yeah I'd think she needs to prove the injury so she can claim some sick pay /time off something.....
You having CCTV just makes it easier for her.

 

[Diddums]

Very unlikely that they can as the employer sends the staff there so they need to assess the risks and implement mitigation measures.

Also, the employer being there to take photos and document it is the correct procedure to assess and prevent it from happening again.

 

[FBi7]

Can't believe it's taken 16 replies, but:

Does your post woman make delivery post even when she's falling?

 

[Malevolence]

I thought I would be helpful instead of making them guess and showed a cctv recording to the guy of exactly what happened and he took a copy of this.

Why would you, in any shape or form, 'be helpful' to the people who are potentially going to take your parents for a ride?

 

[darael]

It would be useful to see the steps and where they tripped.

In the meantime, prepare your letterbox for lots of poo.

 

[SexyGreyFox]

Not even sure why she should be able to claim against her employer
They weren't negligent

I also work in Personal Injury as well as Clinical Negligence, Court of Protection and Inquests - They can try and claim against their employer.
You honestly wouldn't believe the crap I have to read.