SHOULD I SUE

[Toy Soldier]

So I’m on holiday, we’re doing the NC500, have been staying at different places along the route.

I just ****ing FELL THOUGH THE DECKING of the house we’re staying in tonight/tomorrow and have quite blatantly broken my foot, there’s a massive lump sticking out the top and I heard it pop. And I think I’ve sprained my ankle as well

We were meant to be away until next Wednesday but now we just have to go home tomorrow and probs hospital which will be full of Delta+ variant or whatever, yuck.

And I’m probably not going to be able to walk for a month because my foot is an absolute mess.

Should I sue? I think I should sue. I don’t even know what for because I can’t even claim loss of earnings because I just sit on my arse working from home anyway. But… it HURTS and money might make it feel better??

:bawling:

I’m on 60mg cocodamol though so that is actually quite nice :hee:

[arista]

Yes, the Decking is part of the property.


Is it the letting group USA


They hate bad publicity.

[Amy Jade]

If you were just walking on it normally then I'd contact the people you rented it from. There could be a clause or they could even be really nice and wish to rectify the problem without getting messy.

[Kate!]

Where there's blame there's a claim.

[Toy Soldier]

If you were just walking on it normally then I'd contact the people you rented it from. There could be a clause or they could even be really nice and wish to rectify the problem without getting messy.


They’re refunding and did offer to reimburse anything we’ve spend on the rest of the holiday to be fair (two other places we were meant to be staying) but we can get full refunds for those anyway. Most places are doing refunds right up until 24h before entry because of the Covids uncertainty. So I haven’t really lost any money, just half a holiday and I’m salty because it hurts :(

[Niamh.]

They’re refunding and did offer to reimburse anything we’ve spend on the rest of the holiday to be fair (two other places we were meant to be staying) but we can get full refunds for those anyway. Most places are doing refunds right up until 24h before entry because of the Covids uncertainty. So I haven’t really lost any money, just half a holiday and I’m salty because it hurts :(If it were me and they did all that, I probably wouldn't sue probably because I like people and have seen normal people ruined by that kind of thing but that's just my opinion

[Mokka]

They’re refunding and did offer to reimburse anything we’ve spend on the rest of the holiday to be fair (two other places we were meant to be staying) but we can get full refunds for those anyway. Most places are doing refunds right up until 24h before entry because of the Covids uncertainty. So I haven’t really lost any money, just half a holiday and I’m salty because it hurts :(

Also, if you take these concessions from them, it may be perceived by the courts that it was the compensation you agreed on, and no further damages are due.

[hijaxers]

Yes sue them, Make sure you have plenty of photo's .

[Ammi]

…it’s a bit of a difficult decision because if you sue, they could lose their business…that’s a decision that you’re going to have to make, I wouldn’t but that’s just me…I’d put all my focus into my foot and my recovery…

…it sounds like a pretty nasty break and a bit of a long process and you won’t be able to drive etc/be very mobile so you’ll need to get your support system in place quickly quickly for you and Mrs TS…poor you, you said that you were going for a break but….

[thesheriff443]

Ts putting his foot in it again
You ain’t got a leg to stand on
You will have to foot the bill

[MTVN]

So the decking just randomly gave way under your weight? Did it look dodgy or were there any warnings or anything? Was it a big fall?

I'd be pretty mad about having been put at risk at an unsafe property tbf, presumably could have been worse or could have been your kids getting injured etc

[MTVN]

And might not be the best time to ask but is the NC500 worth doing? Quite like the sound of it

[Oliver_W]

Maybe it's a sign that cutting carbs isn't doing enough?

[bots]

Would you like someone to sue you if the roles were reversed? Thats the question you need to answer really. If they have done everything to reimburse you it's a tricky one. What i would suggest is that you get them to show you what they have done to repair the area because it may be some old granny that suffers next time it happens and they don't end up so "lucky".


I broke my ankle at an airport once, i wanted to sue off course but didn't. The plane ride home was a scream literally :laugh:

[Oliver_W]

because it may be some old granny that suffers next time it happens and they don't end up so "lucky".


My more serious answer would be this tbh. If someone elderly or disabled had fell through the ground after you weakened it by walking across it, they'd probably have more than a twisted ankle...

But the real question is, what would you achieve by suing them? A few hundred quid? Whoopeydoo... If they're reimbursing the rest of your holiday, and they do repair whatever is wrong with the building, that's all that matters.

[michael21]

So I’m on holiday, we’re doing the NC500, have been staying at different places along the route.

I just ****ing FELL THOUGH THE DECKING of the house we’re staying in tonight/tomorrow and have quite blatantly broken my foot, there’s a massive lump sticking out the top and I heard it pop. And I think I’ve sprained my ankle as well

We were meant to be away until next Wednesday but now we just have to go home tomorrow and probs hospital which will be full of Delta+ variant or whatever, yuck.

And I’m probably not going to be able to walk for a month because my foot is an absolute mess.

Should I sue? I think I should sue. I don’t even know what for because I can’t even claim loss of earnings because I just sit on my arse working from home anyway. But… it HURTS and money might make it feel better??

:bawling:

I’m on 60mg cocodamol though so that is actually quite nice :hee:

Did you take photo as that will help you case

[michael21]

Yes, the Decking is part of the property.


Is it the letting group USA


They hate bad publicity.

So who like bad publicity :conf:

[michael21]

If it were me and they did all that, I probably wouldn't sue probably because I like people and have seen normal people ruined by that kind of thing but that's just my opinion

You are kind

[Tireur]

Yes sue them, Make sure you have plenty of photo's .

My inner grammar Nazi struggled to
surface at this, but I suppressed it.

[Toy Soldier]

I’m not seriously considering suing guys :joker: … they actually came over all panicked last night so I would LIKE to think they won’t have anyone else in without making sure it’s safe. You could in theory block most of it off. Although I have had the same thoughts as above (could have been a kid, could have been a lot worse, etc).

There were no signs and it looked visually fine but we did think when we arrived that it felt a bit “bouncy” when stood on (boards sagging) so had been being careful, but when I took the dog out before bed I just went right through it on the way back D:.

Weirdly the leg that actually went through is fine - it’s the foot and ankle of my other leg. It was still up half on the “edge” when I went through and was pushed upwards and back

[Toy Soldier]

And might not be the best time to ask but is the NC500 worth doing? Quite like the sound of it


Some of the scenery is absolutely stunning though we’ve done the West Highland Way probably a dozen times which is also amazing and I feel like that meant a lot of the views, whilst still spectacular, weren’t as “new” as they’d be to say an international tourist.

Now if definitely the time to do it though as the roads are relatively quiet, because there is a lot of international tourism usually, but Ms Covid has put a pause on that - most summers they’re packed.

Ironically, we clambered across rocks and cliffs yesterday to reach a secluded beach and it was AMAZING, it was randomly hot and sunny, water was crystal clear and light blue, white sands… it was like going through a portal to the other side of the world… stunning. But very hard to get to. And yet, zero injuries doing that :joker:

We’ve done pretty much the whole route and will do another chunk on the drive home so at least we still get to see it. Were meant to be heading over to Skye for 4 days but that is now cancelled [emoji36]

[Toy Soldier]

I do also have pictures both of the broken deck and the hilarious camel hump on my foot. Though this morning it’s less of a hump and more my entire foot that’s like a big fat sausage.

[Crimson Dynamo]

why did you not go to A and E (although your nearest one may be a fair bit away depending on where you are)?

[Cherie]

Sorry to hear you had to cut your holiday short..tbh I would hold off making a decision for a while and see if your foot heals properly, Foot injuries can take months to heal so you could be sidelined for a while and it will become an inconvenience even though you do work from home you will probably have issues with driving for a while which will impact your life. The holiday let will have public liability insurance so their business should not be impacted by any claim, it would do them more damage if you leave a poor review on Trip Advisor. I would be inclined to claim if the foot doesn’t heal quickly, as this was entirely preventable if they maintained the deck properly and given it takes years for wood to rot it makes you wonder when they last looked at it, given they were closed for months there are really no excuses here.

[Toy Soldier]

why did you not go to A and E (although your nearest one may be a fair bit away depending on where you are)?


Nearest in Inverness which is a 2h drive, it was literally midnight, kids in bed and we would have had to get them up and all go as obviously driving myself is not an option. 111 said it can wait so long as there’s no tingling/bones actually bursting through the skin.

[Crimson Dynamo]

Nearest in Inverness which is a 2h drive, it was literally midnight, kids in bed and we would have had to get them up and all go as obviously driving myself is not an option. 111 said it can wait so long as there’s no tingling/bones actually bursting through the skin.

Are you sure Mrs TS hasnt gone all...

https://media1.tenor.com/images/f5859a0e1c03c8b2f2bb7f9e99f99290/tenor.gif?itemid=13225832


:suspect:

[Cherie]

Are you sure Mrs TS hasnt gone all...

https://media1.tenor.com/images/f5859a0e1c03c8b2f2bb7f9e99f99290/tenor.gif?itemid=13225832


:suspect:

:laugh:

[Cherie]

How are the kids taking the abrupt end to their holiday?

[Toy Soldier]

How are the kids taking the abrupt end to their holiday?


There’s no wireless and the 3G/4G is intermittent up here at best so about as well as you’d expect: they’re delighted [emoji38]

[Cherie]

There’s no wireless and the 3G/4G is intermittent up here at best so about as well as you’d expect: they’re delighted [emoji38]

:laugh:

[rusticgal]

I agree with Cherie...I would hold off for a while. My mum broke her ankle years ago and it was never the same again. You are younger so it may heal better...but thats not to say it will. If it does impact you for the rest of your life you might not find it so funny.
...and of course your trip has been ruined...after the last year or so you must have been really looking forward to it.
Wishing you a speedy recovery...:hug:

[MTVN]

Some of the scenery is absolutely stunning though we’ve done the West Highland Way probably a dozen times which is also amazing and I feel like that meant a lot of the views, whilst still spectacular, weren’t as “new” as they’d be to say an international tourist.

Now if definitely the time to do it though as the roads are relatively quiet, because there is a lot of international tourism usually, but Ms Covid has put a pause on that - most summers they’re packed.

Ironically, we clambered across rocks and cliffs yesterday to reach a secluded beach and it was AMAZING, it was randomly hot and sunny, water was crystal clear and light blue, white sands… it was like going through a portal to the other side of the world… stunning. But very hard to get to. And yet, zero injuries doing that :joker:

We’ve done pretty much the whole route and will do another chunk on the drive home so at least we still get to see it. Were meant to be heading over to Skye for 4 days but that is now cancelled [emoji36]

Thanks, sounds stunning :flutter:

[Marsh.]

Scott told me to ask will you send him broken feet pics for a £5 tesco voucher.

[Tom4784]

Deleted Post

[Marsh.]

Was he doing an Alison Hammond and bouncing on the wood?

unUJtnaULDg

[Crimson Dynamo]

I have obtained CCTV footage, looks like he was pissed

https://thumbs.gfycat.com/WindingGlaringHyena-size_restricted.gif

[Toy Soldier]

If you weren't hurt, I'd have said just take the refunds and be happy with it, but if you have been hurt then you need to be compensated for it. If you weren't doing anything to purposefully break the decking then it obviously wasn't safe to be used. If you've seriously injured your foot then that's potentially a loss of earnings if you can't return to work after your holiday period has ended.

When you open your house up to be rented, the house has to be safe for use. The owners are liable for any incidents like this.


I literally just took the dog out for a poop (the dog, not me) and was strolling back in and it snapped like spaghetti D:. We did take pictures of it (the broken section and the rest of the deck) and tbh it is blatantly not fit for use. The guy also came in the morning and replaced the plank that broke… with one that did not look new… so I’m in two minds about the whole thing. On the one hand they were very apologetic - on the other I saw little indication that they actually plan to properly fix it or even block it off. There’s another entrance that doesn’t involve walking on the wood so they could just rope the whole thing off if they wanted.

There’s no risk of loss of earnings for me personally because I work from home anyway, but I would say there definitely would have been otherwise… I don’t see it being better by next week, that’s for sure, and potentially months. I had a similar-feeling injury to my hand and wrist a few years ago and it took three ****ing months to fully heal. But at least with that you can walk!

[Fetch The Bolt Cutters]

Scott told me to ask will you send him broken feet pics for a £5 tesco voucher.

https://38.media.tumblr.com/3a844ab883bf56246499da5e9b111ea3/tumblr_n7rogphTGm1smcbm7o1_250.gif

[Crimson Dynamo]

My thinking is they had no idea it would break, sounds like it was poorly installed.

As for legal stuff

er no, this isnt the USA

:umm2:

[Toy Soldier]

My thinking is they had no idea it would break, sounds like it was poorly installed.

As for legal stuff

er no, this isnt the USA

:umm2:


It was old and poorly installed, but I think they built it themselves, and it was quite clear that the wood was old/giving up. Actually noted that it was creaking and a bit dodgy when we arrived and thought, “should be careful on this” … which I then forgot when taking the dog out, that part I’ll admit is on me. But it’s not like I was having a rave, I literally walked on it…

[Alf]

Wasn't anyone filming?

You could have got £250 from "You've been framed"

[Tom4784]

Deleted Post

[Cherie]

Did you get your foot checked out in the end?

[Toy Soldier]

Did you get your foot checked out in the end?


Yes but only at MIU so far, got it supported and crutches but they want Ortho at the hospital to look at the X-rays… haven’t heard from them though and the hospital backlogs are huge so who knows.

Swelling is right down now, a lot of bruising came through after the swelling went, I can partially weightbear on the side but get shooting pains if I put my foot flat. My wife reckons possibly ruptured ligaments.

[Cherie]

Yes but only at MIU so far, got it supported and crutches but they want Ortho at the hospital to look at the X-rays… haven’t heard from them though and the hospital backlogs are huge so who knows.

Swelling is right down now, a lot of bruising came through after the swelling went, I can partially weightbear on the side but get shooting pains if I put my foot flat. My wife reckons possibly ruptured ligaments.

oh I ruptured some tendons when I was 17, took about a year to resolve

[Crimson Dynamo]

TS is Tibbs own Conor McGregor

(obvs Conor has a slightly better demeanor)

😎

[Toy Soldier]

oh I ruptured some tendons when I was 17, took about a year to resolve


D: I’m not here for that! My concern now is that it’s sort of plateau’d… it’s 10x better than it was at the weekend (when it looked like an overstuffed sausage and I couldn’t put my foot down at all, even when sitting) but… it’s been like it is now for a few days without change. Ankle seems to be healing fine (just a minor twist I think) and I can put pretty much my full weight on the outside of the foot, but any on the inside (or anything touching the top, like a clumsy ****ing Labrador for example) is a burning/stabbing pain and hasn’t improved at all. I may be being impatient as it’s not even been a week :joker:.

[Toy Soldier]

TS is Tibbs own Conor McGregor

(obvs Conor has a slightly better demeanor)

[emoji41]


I do feel really chavvy on my crutches to be fair. I have no idea why. I’ve decided in my head that crutches are a bit common.

[Cherie]

I do feel really chavvy on my crutches to be fair. I have no idea why. I’ve decided in my head that crutches are a bit common.

are you wearing trackies and a bucket hat :worry:

[hijaxers]

My thinking is they had no idea it would break, sounds like it was poorly installed.

As for legal stuff

er no, this isnt the USA

:umm2:

Really ! I got £5,000 from Lidl for glass in my hand.

[Crimson Dynamo]

Really ! I got £5,000 from Lidl for glass in my hand.

:omgno:

[Crimson Dynamo]

Really ! I got £5,000 from Lidl for glass in my hand.

:omgno:

[Toy Soldier]

For all those who are very worried about me (all of you), after calling about 5 different places, I managed to finally get hold of someone who told me that I will be called by ortho consultant on Monday. Such speedy service and good communication...

[Tom4784]

Deleted Post

[Beso]

Give some to charity, then you will feel less guilty for turning american.

[thesheriff443]

For all those who are very worried about me (all of you), after calling about 5 different places, I managed to finally get hold of someone who told me that I will be called by ortho consultant on Monday. Such speedy service and good communication...

I noticed you used the word worried, I think you may have a head injury aswell as your foot

[bots]

i think you should change the thread title to should i sew, and then you can apply for membership of the knitting club. You and your zimmer frame would be an instant approval

[Beso]

i think you should change the thread title to should i sew, and then you can apply for membership of the knitting club. You and your zimmer frame would be an instant approval


Yes, we could transform that into a sewing machine.

[ThomasC]

I noticed you used the word worried, I think you may have a head injury aswell as your foot

:joker::joker::joker:

[Toy Soldier]

Just had to wait for 2h with no phone signal for yet more inconclusive X-rays and now I have to come back again another day for a CT scan, and have been told off for hobbling about on it, and to put as little weight as possible on it. Ffs this is the most BORING injury in history reeeeehhhhh I am becoming very impatient.

[Crimson Dynamo]

Just call them and say you want it off

https://www.choosept.com/image.axd?id=3b09ec3d-dd7f-4f09-b55e-0f983deb2c52

[Toy Soldier]

Just call them and say you want it off

https://www.choosept.com/image.axd?id=3b09ec3d-dd7f-4f09-b55e-0f983deb2c52


It’s starting to feel like it would be simpler…

[Fetch The Bolt Cutters]

pics or not bothered

[thesheriff443]

pics or not bothered

He is selling them in his fans only site

[Toy Soldier]

pics or not bothered


I have one of both my feet side by side, the right one swollen up to double the size of the left. I also have one of some badly bruised toes, and another of bruising that formed down on the sole of the foot.

£50 for the lot.

[Beso]

51

[Toy Soldier]

For those interested in my plight...

...Had CT results and more X-rays yesterday, foot is still ****ed, they're now planning on surgery and putting in a metal plate with a strong possibility that they'll need to fuse part of the joint and if so I'll have permanent reduced mobility in my foot (won't know until the surgery is in progress). So, ffffff************** basically. :(

[rusticgal]

For those interested in my plight...

...Had CT results and more X-rays yesterday, foot is still ****ed, they're now planning on surgery and putting in a metal plate with a strong possibility that they'll need to fuse part of the joint and if so I'll have permanent reduced mobility in my foot (won't know until the surgery is in progress). So, fffff****************** basically. :(


I am sorry to hear that...thats not good at all.
Although its not going to help you if this accident happened through neglect you need to hold those people responsible.

[Toy Soldier]

I am sorry to hear that...thats not good at all.
Although its not going to help you if this accident happened through neglect you need to hold those people responsible.

It's looking more that way to be honest. I think I've been idealistically telling myself that it's fine and not that serious and would just take a bit of time. On the plus side, how much does permanent reduced mobility and surgical scarring net? lol.

[Cherie]

Just call them and say you want it off

https://www.choosept.com/image.axd?id=3b09ec3d-dd7f-4f09-b55e-0f983deb2c52

:joker:

[rusticgal]

It's looking more that way to be honest. I think I've been idealistically telling myself that it's fine and not that serious and would just take a bit of time. On the plus side, how much does permanent reduced mobility and surgical scarring net? lol.


You will obviously need to contact a Solicitor for a Personal Injury claim. Its pretty irrelevant how much you may net but reduced mobility that may have restricted your ability to maintain your normal active life and even cause you more issues later on in life will no doubt give you a decent payout...it wont be life-changing but it will be a small figure to stash away. Remember this was caused by someones neglect in providing you with safe and secure lodgings and it is unacceptable and they should be held accountable...imagine if that had been a child or elderly person who could have sustained more serious injuries.
You really must pursue it....its the right thing to do.

[Cherie]

For those interested in my plight...

...Had CT results and more X-rays yesterday, foot is still ****ed, they're now planning on surgery and putting in a metal plate with a strong possibility that they'll need to fuse part of the joint and if so I'll have permanent reduced mobility in my foot (won't know until the surgery is in progress). So, fffff****************** basically. :(

Sorry to hear that but foot injuries are notoriously complex :sad:

that sounds horrendous though

[Toy Soldier]

You will obviously need to contact a Solicitor for a Personal Injury claim. Its pretty irrelevant how much you may net but reduced mobility that may have restricted your ability to maintain your normal active life and even cause you more issues later on in life will no doubt give you a decent payout...it wont be life-changing but it will be a small figure to stash away. Remember this was caused by someones neglect in providing you with safe and secure lodgings and it is unacceptable and they should be held accountable...imagine if that had been a child or elderly person who could have sustained more serious injuries.
You really must pursue it....its the right thing to do.


Have been going over this constantly since it happened - I think I mentioned earlier, I initially felt like they were taking it seriously but as we left saw the guy nailing another old, used piece of wood into place. It would be bad enough if he was just going to nail down a brand new board and leave the rest, but just blatantly nailing down a piece that already looked weather-worn? There were other maintenance issues inside as well, nothing dangerous but enough to make me wonder if there are even more unseen issues, and yeah at the time we left I was thinking, if an elderly person had the same fall I did it could easily have been life-threatening.

[Beso]

You are looking at about 12g