Injury claims

Clarkey · 13 Mar 2006 at 17:28

This isnt usually my style, but hey i've been annoyed so im after a bit of revenge.
Basically the story goes I was riding my bike out in the courtyard of my uni accomodation, and because the block paved floor was slimey I locked up the brakes, lost control and slammed into a wall causing some pretty good injuries ot my right arm. I have photos of the bruising (arm was swollen to twice the size and probably 2/3rds coverage of completely black bruising), and to this day that arm has pretty majorly limited movement.

Do I actually have any grounds to make a claim?

Neoni · 13 Mar 2006 at 17:29

not really... too late i would have thought, should have done it straight after the accident...

daz · 13 Mar 2006 at 17:36

If you're riding a bike, you should be wearing protective gear.

ste_bla · 13 Mar 2006 at 17:37

Is it part of the road?

Hodders · 13 Mar 2006 at 17:43

So, you want compensation because :

1) You were riding a bike in a pedestrian area - where you should have been walking

2) You lost control by locking up your brakes - no-ones fault but yours

Hmm, maybe the gene pool should think about compensation from you for the pollution

Seriously - just accept it. I'm sorry you fell off and hurt yourself, but it really is no-one's fault but yours. Lets try and avoid the compensation culture in the UK.

Duke · 13 Mar 2006 at 17:43

Has it stopped you from going to uni / doing work etc?

Neoni · 13 Mar 2006 at 17:45

2) You lost control by locking up your brakes - no-ones fault but yours

you shouldnt lock up your brakes fully, same as when you hit black-ice in a car, with a bike apply slight pressure... not full lock.

fatiain · 13 Mar 2006 at 17:48

Call Personal Injury Lawyers 4U, you know the one with the wheezingly fat bloke in the gery suit. You may have a case.

(like hell you will)

Raymond Lin · 13 Mar 2006 at 17:51

Some strange advice given here, anyway. PI Injury claims comes down to.

1 - Was there a duty of care from the defendant - Does the university have a responsibilty to make sure the path is safe?

2 - Did the defendant breach the duty of care?

3 - What loses has the claimant suffered as a result?

It is quite hard to prove point 1, and even if you can prove point 1, even harder to prove point 2 - which is negligence. Even if you could, there are time limits issues to factor in. PI claims are usually 3 years, outside of that you can still claim under Section 33 of the CPR but it is up to the court's descretion to disregard the limitation period. It is a complicated area and without more evidence i would not want to make any advise on this.

jpmonkey69 · 13 Mar 2006 at 17:51

Why not just sign on and work at the same time too :rolleyes:

Clarkey · 13 Mar 2006 at 18:02

christ no need to resort to personal attacks here! I was only asking, now I know.

Oh, and you try stopping on mossy bricks, it just so happens i have large disc brakes on my bike but even the worst brakes in the world would have locked on that stuff if was like ice (and still is).

And Raymond Lin, i'm not entirely sure what the legal jargon means there, but im fairly sure they must have a responsibility to make sure the path is safe, it is within a completely enclosed courtyard to which only residents have access. And theres nothing to even suggest that you shouldnt ride bikes in there.

And for the others, please dont bother insulting me, it makes you look pathetic.

Raymond Lin · 13 Mar 2006 at 18:03

first, when did it happen?

Neoni · 13 Mar 2006 at 18:07

Oh, and you try stopping on mossy bricks, it just so happens i have large disc brakes on my bike but even the worst brakes in the world would have locked on that stuff if was like ice (and still is).

lol your telling me you cant stop on mossy bricks? come off it, simple as, you can stop on ice if your good enough to control your bike. plus you can put your feet down.

fatiain · 13 Mar 2006 at 18:11

Did you/have you seen a doctor?

Clarkey · 13 Mar 2006 at 18:43

I took a trip to A&E at the time, 6th October it was.

And neon, seriously, there is no way i could have stopped I was going fairly quickly, I didnt anticipate the ground to be so slippery nearer the wall, had it been a normal amount of friction I could have stopped easily like I say I have big brakes.

Rich_L · 13 Mar 2006 at 18:45

Witnesses?

Clarkey · 13 Mar 2006 at 18:46

Raymond Lin · 13 Mar 2006 at 18:48

Clarkey said:
I took a trip to A&E at the time, 6th October it was.

And neon, seriously, there is no way i could have stopped I was going fairly quickly, I didnt anticipate the ground to be so slippery nearer the wall, had it been a normal amount of friction I could have stopped easily like I say I have big brakes.

If you are serious, you are within the limitation period. Gather all your documents about the incident and go see a solicitor. Fee wise, have you got any insurance? if not then there is a chance you can get a Conditional Fee Agreement. The first consultation is often free so there is no harm getting some advise if you are seriously considering legal action.

SB118 · 13 Mar 2006 at 18:53

Clarkey said:
..... there is no way i could have stopped I was going fairly quickly, I didnt anticipate the ground to be so slippery nearer the wall,....

You were going too fast, didn't have control of your bike and didn't allow for any change in conditions. While riding in a pedestrian area (it being a paved area was a hint).

Injury claim? I don't think so. In need of a thick ear? Ho yes.

Raymond Lin · 13 Mar 2006 at 19:00

SB118 said:
You were going too fast, didn't have control of your bike and didn't allow for any change in conditions. While riding in a pedestrian area (it being a paved area was a hint).

Injury claim? I don't think so. In need of a thick ear? Ho yes.

The other side can use that as contributary negligency which would lower the payout he could get. It doesn't mean 100% he will lose, we need to see all the facts, and may be photos of the courtyard, the actual speed he was going...etc I would not want to make judgement without knowing everything, none of us here is a judge and civil case like this is usually done in front of a judge, not a jury. Well, in actual truth, it would get settled before it get to court is the most likely scenerio.