Cause for a lawsuit ????

Post by **Oscar Namechange** » Sat Mar 24, 2012 2:25 pm

My husband Is In hospital as I write this...

I can do nothing but sit by the phone.

He has a broken arm and a nasty head Injury after falling In the street earlier tonight.

Don't get me wrong, we are not the 'where there's blame there's a claim' typical type but.....

If there Is a step In an alley way and the street lamp Is positioned thus that It casts a shadow over that step, surely the council are at fault.

From my dealings with Parish council, I am of the opinion that they may hold the blame... I can't find specifics to this as yet so while I wait, what do you think?

Edit... Its worth mentioning that the people who went to his aid, also were blinded by the light and didn't see the step.

AnneBoleyn · Post by **AnneBoleyn** » Sat Mar 24, 2012 2:42 pm

Where I come from, if there is a prior complaint concerning the same type situation, then a lawsuit may be brought. But, if this is the first time a legal complaint was made, then no lawsuit can be brought against the City & is true for neighboring counties. Consult your local lawbooks, there should be something written about such a common incident.

I hope your husband heals quickly. He has much more than his share of health concerns, I wish something good happens for you both.

Post by **Oscar Namechange** » Sat Mar 24, 2012 2:44 pm

AnneBoleyn;1388487 wrote: Where I come from, if there is a prior complaint concerning the same type situation, then a lawsuit may be brought. But, if this is the first time a legal complaint was made, then no lawsuit can be brought against the City & is true for neighboring counties. Consult your local lawbooks, there should be something written about such a common incident.

I hope your husband heals quickly. He has much more than his share of health concerns, I wish something good happens for you both.

Thanks.

I can find the legalities for raised pavement slabs causing Injury but not street lighting casting a shadow over a step.

Snooz · Post by **Snooz** » Sat Mar 24, 2012 4:10 pm

Poor guy. Wishing him a speedy recovery.

fuzzywuzzy · Post by **fuzzywuzzy** » Sat Mar 24, 2012 4:26 pm

Well that sucks . you may have to go to the council archives for this .... (you got any good mates at the council who may be able to look for you ?)

Post by **Oscar Namechange** » Sat Mar 24, 2012 4:33 pm

fuzzywuzzy;1388503 wrote: Well that sucks . you may have to go to the council archives for this .... (you got any good mates at the council who may be able to look for you ?)

Yes, got good friends In the council.

While I was sitting here waiting for the hospital to ring... I rang one of these lawsuit companies.... I was astonished I got an answer at 10 pm on a Saturday night but they have told me this...

If the alley way has no raised step within It the council are not obliged to light It. If It has a raised step, they are obliged to light It.

The factor here Is that It was not only unlit, but the street light at the entrance did not light the alley way but bounced off and created a shadow making the step Invisible.....

They are phoning In the morning to get more details ....

Meanwhile, the hospital has phoned and he's broken his shoulder.... As I write this they are deciding weather to operate or not......Leaving to go up there In a minute..

fuzzywuzzy · Post by **fuzzywuzzy** » Sat Mar 24, 2012 4:36 pm

good girl get to the hospital ...thinking of you and him.... It's mid morning here so give us a shout when you're home

Post by **Oscar Namechange** » Sat Mar 24, 2012 4:42 pm

fuzzywuzzy;1388505 wrote: good girl get to the hospital ...thinking of you and him.... It's mid morning here so give us a shout when you're home

Will do Fizz Whizz... His mate has just brought my car back rather than leave It parked up where It was.

His Turkish pal Is coming to get me In about 15 mins to take me so he can keep me company If there's a long wait...

One good thing.... I was heartened to hear that people went to his aid and called the emergency services.... In this day and age, that's a good thing.

fuzzywuzzy · Post by **fuzzywuzzy** » Sat Mar 24, 2012 4:46 pm

I'm glad to hear that oscar

AnneBoleyn · Post by **AnneBoleyn** » Sat Mar 24, 2012 4:48 pm

I don't remember much of your legal system (although I once ran afoul from it!). I've been thinking you should see an attorney (solicitor??). In US, in these type civil suits, a lawyer is only paid if you win your case. So, (s)he won't take your case unless a win looks possible. Consult (try to make sure it's free, or very minimal cost) a specialist. That's the best way to get your answer. Sometimes you may not get a straight answer from a cop or council person, as they may not know, or have something to lose. Quietly seek out your true rights--Good Luck!

AnneBoleyn · Post by **AnneBoleyn** » Sat Mar 24, 2012 4:49 pm

PS--Be sure to get the names, etc. of the witnesses!

AnneBoleyn · Post by **AnneBoleyn** » Sat Mar 24, 2012 4:52 pm

Oops! I really should learn to read posts above mine more often! You mentioned a lawsuit company--a national ambulance chaser, is it? Look for a private person if you don't like their answer!

theia · Post by **theia** » Sat Mar 24, 2012 4:55 pm

Sending my best wishes to your husband, Oscar

Post by **Oscar Namechange** » Sat Mar 24, 2012 4:56 pm

AnneBoleyn;1388513 wrote: Oops! I really should learn to read posts above mine more often! You mentioned a lawsuit company--a national ambulance chaser, is it? Look for a private person if you don't like their answer!

I only called them while I was sitting here twiddling my thumbs.... Just to see how the land lied.... Will be phoning our own Lawyer Monday Morning as he deals with that kind of thing.

As for witness's, there were none who actually saw him fall but Ironically, those who went to his aid after seeing him on the ground also fell over this Invisible step.....

fuzzywuzzy · Post by **fuzzywuzzy** » Sat Mar 24, 2012 5:01 pm

surely they gave their names to at least the amboes? No police to make sure it wasn't an assault?

Bruv · Post by **Bruv** » Sat Mar 24, 2012 5:32 pm

Sorry to hear of your husbands misfortune, give him my best wishes.

I think AnneBoleyn is correct, unless the problem has been previously notified to the council and they have negligently failed to rectify it, how can they be know of of the potential hazard ?

It may be worth taking a photo from the side the light hides the problem, and then shed some light to highlight it.

Post by **Oscar Namechange** » Sat Mar 24, 2012 6:36 pm

Thanks everyone...

Just got back from the hospital ( Frenchay Is minutes from my home ) and he has a broken arm and broken shoulder. Also an Injury to the knee and elbow and a bang on the head. He was pretty out of It so his Turkish pal and I left him to It until the morning when the fracture consultant Is seeing him at 10 am to decide weather surgery Is necessary.

I have been advised to get photographs asap In daylight and at night... so You're right Bruv....

TBH.... I don't care as long as he's alright.

I'll know more In the morning.....

Lon · Post by **Lon** » Sat Mar 24, 2012 6:53 pm

I wish hubby a speedy recovery and forgive me for asking but, had he anything to drink before the spill. This would paramount in any suit I believe.

Post by **Oscar Namechange** » Sat Mar 24, 2012 6:58 pm

Lon;1388523 wrote: I wish hubby a speedy recovery and forgive me for asking but, had he anything to drink before the spill. This would paramount in any suit I believe.

No, my husband Isn't a drinker at all Lon. He was on his way back to the car from shops.... they won't be able to use that against him.

Lady J · Post by **Lady J** » Sat Mar 24, 2012 7:26 pm

I certainly hope Mr. Oscar heals quickly! Sorry to hear of his fall and wait to see your outcome with the Council. I think it will be a hard battle to win. If they have to light every piece of concrete that heaves then who pays for that?

That is just the downside to this....the upside is that he get the medical help he needs to heal quickly.

best to you Oscar...

will send healing light

Lady J

Post by **Oscar Namechange** » Sun Mar 25, 2012 3:55 am

Thanks Lady J....

More waiting and waiting today.... He's still I hospital and we are waiting on a decision.

The problem being his lung conditions may make surgery pretty much Impossible.

I got the area where he fell up on google earth and I myself believe that the alley way should be lit because there are steps down there.... We'll have to see what our Solicitor says In the morning.

chonsigirl · Post by **chonsigirl** » Sun Mar 25, 2012 5:21 am

Oh, lots of hugs for your beloved, how is he doing this morning?

Post by **Oscar Namechange** » Sun Mar 25, 2012 5:31 am

chonsigirl;1388538 wrote: Oh, lots of hugs for your beloved, how is he doing this morning?

I just got word from the hospital. They won't operate due to the Pulmonary Fibrosis.

They have dosed him up on Tramadol and he should be home later today.

There's not a lot they can do.... They have strapped the shoulder and arm up but that's about It.

Thanks for asking Chons.

Oh god... he'll be Impossible now... It's his right arm and shoulder he's broken and he's right handed... lol

tabby · Post by **tabby** » Sun Mar 25, 2012 8:20 am

Ouch! What a spill he must have taken! With his other medical problems, this is like adding insult to injury. I hope he heals quickly and well, Oscar. I know you must be exhausted today.

Post by **Oscar Namechange** » Sun Mar 25, 2012 10:12 am

tabby;1388577 wrote: Ouch! What a spill he must have taken! With his other medical problems, this is like adding insult to injury. I hope he heals quickly and well, Oscar. I know you must be exhausted today. Yeahhhhhh He's home.....

And he's gone straight to bed.

His arm and shoulder have ballooned up.

It could have been worse... If It were a broken hip say,

Thanks Tabby.... I see what the Solicitor says In the morning.

Post by **Betty Boop** » Sun Mar 25, 2012 1:20 pm

Crikey, he must have gone down with a hell of smack, poor chap! Hope he heals well and quick :-6

Post by **Oscar Namechange** » Sun Mar 25, 2012 1:25 pm

Betty Boop;1388651 wrote: Crikey, he must have gone down with a hell of smack, poor chap! Hope he heals well and quick :-6 You know what's really touched me ? You find out In times like this how many pals you've got.

I've had his mates getting our car back, neighbours calling, his mates offering me lifts everywhere, local kids making cards for him, even a neighbour calling to see If I was alright for money while Peter was In hospital,

Restores your faith In human nature...

I've been told that as soon as the bruising comes out, to take pics for the solicitor but I'll post them here lol

Post by **Betty Boop** » Sun Mar 25, 2012 1:29 pm

oscar;1388655 wrote: You know what's really touched me ? You find out In times like this how many pals you've got.

I've had his mates getting our car back, neighbours calling, his mates offering me lifts everywhere, local kids making cards for him, even a neighbour calling to see If I was alright for money while Peter was In hospital,

Restores your faith In human nature...

I've been told that as soon as the bruising comes out, to take pics for the solicitor but I'll post them here lol

Times are hard for one and all at the moment it seems, I'm certainly finding out who my 'real' friends are at the moment too

Not sure I'm looking forward to the pictures

Snooz · Post by **Snooz** » Sun Mar 25, 2012 1:42 pm

Ooooh, I am! Just so long as there isn't any blood, I enjoy stuff like this.

Post by **Betty Boop** » Sun Mar 25, 2012 1:47 pm

SnoozeAgain;1388659 wrote: Ooooh, I am! Just so long as there isn't any blood, I enjoy stuff like this.

:wah: nooooo, it'll just make me say ouch ouch ouch

Post by **Oscar Namechange** » Mon Mar 26, 2012 1:16 pm

SnoozeAgain;1388659 wrote: Ooooh, I am! Just so long as there isn't any blood, I enjoy stuff like this. The bruising started to appear today. It's a pink/Mauve at the moment but when It goes black, I'll post pics.

After speaking to our Solicitor this morning, he Is filing on Peter's behalf.

I have to say I'm exhausted already. The hot weather didn't help today. Peter Is In so much pain and can barely move. However, 10 mins after taking the Tramadol, he's on another planet. Then 10 mins after that, he's asleep.

I never envisaged what this entailed until today. Not only bathing, shaving him etc but even cutting his food up.

Isn't It funny how dogs know something's not right.? The youngest Rosie hasn't stop twittering around him since he got home.

YZGI · Post by **YZGI** » Mon Mar 26, 2012 1:48 pm

Wow, hope he gets better soon. It's going to be a big job caring for him. Good luck.

Post by **Bryn Mawr** » Mon Mar 26, 2012 1:50 pm

Ouch, I've just seen this - look after him :-6

Post by **Oscar Namechange** » Mon Mar 26, 2012 2:01 pm

Bryn Mawr;1388809 wrote: Ouch, I've just seen this - look after him :-6

Thanks Wisey and Bryn.

I did have practice 6 years ago when he had the major surgery for the cancer but looking back, It seemed easier then. But then, I had nurses calling twice a day to help me.

At the moment, he Is totally unable to move.

Post by **Oscar Namechange** » Tue Mar 27, 2012 2:00 pm

To give you an Idea of the swelling on the broken shoulder... The first Pic Is his unbroken left arm.... The next Is the broken right shoulder...

Attached files

Post by **Oscar Namechange** » Tue Mar 27, 2012 2:03 pm

Bruising starting to go right across now.

Attached files

Post by **Bryn Mawr** » Tue Mar 27, 2012 2:03 pm

oscar;1388962 wrote: To give you an Idea of the swelling on the broken shoulder... The first Pic Is his unbroken left arm.... The next Is the broken right shoulder...

I think he's an archer and that's the result of differential exercise.

Post by **Oscar Namechange** » Tue Mar 27, 2012 2:04 pm

Bryn Mawr;1388965 wrote: I think he's an archer and that's the result of differential exercise. Or all that Casting for fish :wah:

Post by **Oscar Namechange** » Tue Mar 27, 2012 5:10 pm

Following his fall, Peter told me he'd be driving the car within 6 weeks. HA I thought.

He's quite depressed now because he's been told that the humorous bone Is the worst, most painful and slowest healing break. It will take up to a year to fully recover some sites say.

Tonight was a test trying to get his hair washed without him leaning back or forward. Both cause such pain. Luckily the Bathroom floor Is tiled !!!!

koan · Post by **koan** » Tue Mar 27, 2012 10:50 pm

Sorry your husband is suffering, oscar. That sucks. As for lawsuits... I really wish people didn't sue for everything. I wish we lived in a society where we all took care of our neighbours and having a lawsuit wasn't necessary for survival. Even at that, I've had two accidents that weren't my fault and left me unable to work, while a single mom and no ability to afford or wait for lawsuits even if I wanted to try for it. Tripping in the dark is something that happens to a lot of people. That it happened outside on city property just seems to me to be a random thing. I just ripped my knee open at work and they said "jeesh, that sucks, have a bandaid."

Post by **Oscar Namechange** » Wed Mar 28, 2012 5:30 am

As I said In my OP, we are not usually the suing type.

In fact, my husband Is of the mind not to bother. However, we pay tax ( Council Tax ) which Is used by councils for street lighting and road maintainance among other things.

The Council has a contract of ' Duty of Care' and as my solicitor pointed out to Peter yesterday, had we failed to pay our Council tax, we would be ultimately sent to prison.

It works both ways. In any Issue, there can not be one side who takes and the other side who asks for nothing.

The Council have failed In their duty by not lighting an alley way that has steps.

As for living In a society where we take care of each other leaving us with no need to sue..... We do not claim any form of benefit to rely on. ( Although he probably could now If he chose to ). If you are already welfare dependent, then Yes, you may have no need to sue.

What about the younger family man paying a mortgage ? If this happened to him and he was unable to work for a year, welfare does not meet his mortgage payments. He will end up In debt and probably lose his home. Him and his kids would be out on the street.

As It happens, I am amazed at the way friends, family and neighbours have rallied round but at the end of the day, they don't pay the bills.

Post by **Oscar Namechange** » Wed Mar 28, 2012 5:08 pm

So the law firm rang tonight.... They went to the site after dark and agree the step Is Invisible. They have taken some photographs and are sending someone to take more tomorrow In daylight. They are also knocking on every door In the Immediate area to see If anyone else has fallen because of this step. Apparently, If someone has previously reported the step and they have failed to address the situation, It makes the case better although as It is they believe they have a solid case.

As for my husband.... the bruising Is dreadful and has trebled just today. He Is totally stiff ( Shut It Bruv ) and just can't move but then things like this always get worse before they get better. I am really worried as him not being mobile can cause further problems with the lungs but he just can't move even when the drugs have kicked In.

Bruv · Post by **Bruv** » Thu Mar 29, 2012 5:46 am

My lips are sealed

Post by **Oscar Namechange** » Thu Mar 29, 2012 10:12 am

Bruv;1389221 wrote: My lips are sealed

But you thought It didn't you ? :wah:

New Picture.... The bruising as It Is now...today

Attached files

Post by **Bryn Mawr** » Thu Mar 29, 2012 10:20 am

oscar;1389243 wrote: But you thought It didn't you ? :wah:

New Picture.... The bruising as It Is now...today

I'd say that looks painful - it certainly looks the way it shouldn't, ouch

YZGI · Post by **YZGI** » Thu Mar 29, 2012 10:35 am

After seeing the pic's of bruises I'm just glad he didn't get kicked in the balls.:-2

Bruv · Post by **Bruv** » Thu Mar 29, 2012 11:23 am

Ouch !!!

You can't even cuddle it better can you ?

Post by **Oscar Namechange** » Thu Mar 29, 2012 12:07 pm

Bruv;1389253 wrote: Ouch !!!

You can't even cuddle it better can you ? No I can't.... the shoulder Is still 3 times It's usual size also. He also has an Injury to the right elbow and right knee so I have been sleeping In another bed since It happened. I am so worried about knocking him In the night.

Bruv · Post by **Bruv** » Thu Mar 29, 2012 3:09 pm

oscar;1389265 wrote: I am so worried about knocking him In the night.

Stop it now

Post by **Oscar Namechange** » Fri Mar 30, 2012 3:06 pm

Bruv;1389310 wrote:

Stop it now

I'm feeling so fed up right now and feeling really low.

I'm In the middle of finalising the business and what with my work and local Parish committee's etc, my work-load Is feeling way above my head right now.

Peter Is trying little things like just making me a cup of tea but he just can't and that's that. He sleeps while I am out but there Is just so much to do when I get home. Even just getting him washed and dressed Is a big thing and slow process because of the pain he's In.

Last night, I think I saw something that I shouldn't have which because I feel so low right now, has really upset me.

I did book two hours horse riding for next week so I shall look forward to that. Knowing my luck, he'll throw me In the ditch.

My brother has decided to come up from Sussex next week to lend a hand and I can't wait for his arrival but right now, I'm so tired and fed up.......... Oh well...... tomorrow's another day !!!