Since I fell last week, people keep telling me to seek compensation.
I've always thought compo-hunters to be a bit naff but
The fall was caused by a dangerously invisible kerb (not my own feet, as I'd first thought)
I tore my handbag.
Bruise on head still hurts, is travelling down my eye and is very unsightly.
Wrist still hurts.
I can't kneel for work because of bruises on my knees.
I am, generally, opposed to seeking compensation for non-intentional harms (with the exception of repeated violations of common sense that the organization is aware of...for example, 3 people have tripped on that curb before and management is clearly aware it is a risk...that's negligent). Mostly because I believe that life is risky, and that responsibility for most accidents is less black and white than people might think...usually all parties have some culpability in an accident.
No, I would not. My instinct says that the cost of my time and energy to pursue any form of compensation is likely far higher than any amount to be received.
You would have to get a lawyer, file a claim, attend a bunch of depos, maybe mediation, maybe court...could drag on a long time....months for sure maybe years!
I cringe at thinking of being wrapped up in a process that would feel to me, negative (regardless of whether you are right ethically, justified legally, etc).
Who would you be seeking compensation from? It was in a parking lot? So I am guessing the mall itself?
I would probably send a letter with the specifics of my accident, a few pix of the curb, your injuries and purse to the mall management. And suggest they make changes to prevent further injuries.
This would likely also get you some sort of mild compensation, maybe enough for a new handbag...without the nightmare scenario of a lawsuit.
I would probably send a letter with the specifics of my accident, a few pix of the curb, your injuries and purse to the mall management. And suggest they make changes to prevent further injuries.
This is a great idea - make them aware of the problem so that they can prevent it from occurring in the future.
I've heard from a LOT of people that I should seek compensation for my elliptical injury (it broke and threw me backward into a wall, which injured my shoulder). But you know, I had probably installed it too close to the wall, their liability is limited because I can't prove I maintained it properly, and it would have been a lot of hassle and stress. Even with the significance of the injury, which will possibly be permanent (going over a year and a half now), I don't feel that petitioning for compensation would be a morally acceptable choice for me (because of the installation position I have some degree of culpability, and because I've searched pretty extensively and found no other reports of this kind of breakage on other models or units of my machine, so it appears to be a truly freak accident). I did, though, write them a letter and post my experience widely, so if someone ELSE has this same part break, they will be aware that it isn't just a one-time thing.
My first thought was not to pursue compensation, on the grounds that life happens. Then others tried to persuade me. It would be Very easy to file a claim and cost me nothing - but that doesn't make it right.
I went back to the mall on Monday and at first was glad to see the kerblet - at least I hadn't just fallen over my feet. Then I thought it looked unsafe, so asked to speak to someone from the management. They were all in a meeting, so sent down a security guy. His first comment was, "No-one else has had a problem with it" - words guaranteed to get my back up; especially as my first comment had been "I'm not making a complaint; I'm drawing your attention to this as a matter of health and safety. I think you you should paint it white so others can see it." He took my details and comments. I'm a bit surprised they haven't been in touch, tbh ~ a face like mine (post accident, I mean) should have generated a response; but then these days, people/individuals/organizations are loathe to do or say anything that might be deemed to admit liability.
In my case, there wasn't any part of it that was my culpability ~ you shouldn't have to scour an otherwise totally flat car park for kerbs as you walk across it. I accept that they didn't place the kerb there maliciously either!
At the minute, any claim would be for inconvenience and pain, both of which are ongoing. I need to go back for repeat checks on my hand, there's still a possibility of a broken bone, which would mean a cast for 3 months.
I would see filing a claim as unethical if you weren't really injured and said you were to get compensation; or if you really were hurt but KNEW it was entirely your fault.
Legally, I would think the success of a claim would depend on the severity of your physical injuries, whether it stopped you from going to work (and earning money), affected future earnings (your ability to work in the future), the amount you may have had to spend for medical reasons, and how much you might have to spend in the future, and emotional duress. Then there's proving fault and the kind of fault of whoever is responsible for the curb where you fell.
Document and keep track of everything. Sometimes injuries can prove to be more serious as time passes.
In the US there are city agencies that can put pressure on an owner if you don't get an adequate response in a possibly dangerous situation (what if someone elderly had a problem with the curb and broke a hip? that could be life threatening).
Good luck whatever you decide to do, and sorry to hear about your fall!
I would never big up my injuries, and I would never claim for something that was my fault.
I feel in a bit of a grey area ~ injuries not that severe, just painful and inconvenient and scary because I live alone, and time-consuming but on the other hand, the fall was caused by an unmarked and unexpected sudden kerb in a car park that is otherwise totally flat - dumb design.
I probably won't.... but am deferring judgment until I see doc on Monday to check out wrist which still can't hold a heavy book or a gear stick......
Amanda's notion of repeated irresponsibility makes sense to me as one criteria for a suit.
As for big pockets vs small business? Well, certainly some places do have 'big pockets' but I think if they are paying for lawsuits that they would increase prices to accommodate it. In other words, they keep their pockets big and pass the cost on to the rest of us. Ultimately, we're all paying for our litigious society. That doesn't mean we should never sue big companies, of course.
Another ethical question: Compensation
