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user104658 09-07-2021 11:57 PM

SHOULD I SUE
 
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 10-07-2021 12:13 AM

Yes, the Decking is part of the property.


Is it the letting group USA


They hate bad publicity.

Amy Jade 10-07-2021 12:25 AM

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! 10-07-2021 12:29 AM

Where there's blame there's a claim.

user104658 10-07-2021 12:35 AM

Quote:

Originally Posted by Amy Jade (Post 11070914)
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. 10-07-2021 01:35 AM

Quote:

Originally Posted by Toy Soldier (Post 11070916)
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 10-07-2021 04:56 AM

Quote:

Originally Posted by Toy Soldier (Post 11070916)
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 10-07-2021 05:15 AM

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

Ammi 10-07-2021 05:28 AM

…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 10-07-2021 05:56 AM

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

MTVN 10-07-2021 06:23 AM

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 10-07-2021 06:33 AM

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

Oliver_W 10-07-2021 06:43 AM

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

bots 10-07-2021 07:11 AM

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 10-07-2021 07:19 AM

Quote:

Originally Posted by bitontheslide (Post 11070937)
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 10-07-2021 08:02 AM

Quote:

Originally Posted by Toy Soldier (Post 11070912)
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 10-07-2021 08:06 AM

Quote:

Originally Posted by arista (Post 11070913)
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 10-07-2021 08:06 AM

Quote:

Originally Posted by Niamh. (Post 11070917)
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 10-07-2021 08:52 AM

Quote:

Originally Posted by hijaxers (Post 11070924)
Yes sue them, Make sure you have plenty of photo's .

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

user104658 10-07-2021 09:02 AM

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

user104658 10-07-2021 09:13 AM

Quote:

Originally Posted by MTVN (Post 11070935)
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]

user104658 10-07-2021 09:16 AM

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 10-07-2021 09:21 AM

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 10-07-2021 09:32 AM

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.

user104658 10-07-2021 09:34 AM

Quote:

Originally Posted by LeatherTrumpet (Post 11070972)
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 10-07-2021 09:41 AM

Quote:

Originally Posted by Toy Soldier (Post 11070975)
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...




:suspect:

Cherie 10-07-2021 09:42 AM

Quote:

Originally Posted by LeatherTrumpet (Post 11070977)
Are you sure Mrs TS hasnt gone all...




:suspect:

:laugh:

Cherie 10-07-2021 09:56 AM

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

user104658 10-07-2021 10:01 AM

Quote:

Originally Posted by Cherie (Post 11070984)
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 10-07-2021 10:02 AM

Quote:

Originally Posted by Toy Soldier (Post 11070985)
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 10-07-2021 11:24 AM

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 10-07-2021 11:35 AM

Quote:

Originally Posted by Toy Soldier (Post 11070966)
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. 10-07-2021 11:37 AM

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

Tom4784 10-07-2021 01:58 PM

Deleted Post

Marsh. 10-07-2021 02:19 PM

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


Crimson Dynamo 10-07-2021 02:24 PM

I have obtained CCTV footage, looks like he was pissed


user104658 10-07-2021 05:25 PM

SHOULD I SUE
 
Quote:

Originally Posted by Dezzy (Post 11071075)
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 10-07-2021 05:32 PM

Quote:

Originally Posted by Marsh. (Post 11071014)
Scott told me to ask will you send him broken feet pics for a £5 tesco voucher.

https://38.media.tumblr.com/3a844ab8...cbm7o1_250.gif

Crimson Dynamo 10-07-2021 05:42 PM

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:

user104658 10-07-2021 07:20 PM

Quote:

Originally Posted by LeatherTrumpet (Post 11071123)
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…


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