[gwrightson]

I have a feeling I may have a claim against me coming my way,


Let me try to explain the situation, I was just finishing a job yesterday and reeling up my vac hose onto reel which is placed at rear of van, the van was reversed into a shared drive so the pipes where behind the van , as I was packing up the lady from next door came sprinting up the drive from the road past my van and tripped over a pipe, she had been out running ,dressed in running gear and I have got to admit she did go flying , I immediately asked her if she was ok, "yes I,m fine and got up rubbed herself down and went into her house, after asking her again if she was ok.

This morning I have a call from her husband who informs me she has torn her track suit bottoms and had bruised knee,s and has appointment at her doctors this afternoon, his wife had taken photo,s of pipe that comes from back of van.
After a couple of minutes discussing the situation, him saying she had to squeeze past the van and tripped, when clearly she was running past ,head down he said he would keep me informed of the situation.

So would you inform your insurance company straight away ? or wait to see what develops .

geoff

[Hilton]

The no win no fee sharks would be all over this one, its a shame you did not have the presence of mind at the time to take a few pictures of the lay out around your van.

Trouble is the onus is then on you to prove your innocence, it will probably come to nothing and probably no harm in putting your insurance on notice although there is nothing they can do until contacted.

[John Kelly]

Don't, wait to see what materialises. Least they know the better.

[Phil @ Extreme Clean]

on this subject i don't have a hose ramp but i do put out trip hazard cones clearly at side of hoses. Is having cones enough to warn people and if someone was to trip would i be liable if cones were in clear view ?   

[gwrightson]

I do have a red and white warning strips of upvc and warning stands , which I would normally lay out if I thought any possibility of a hazard, I di not on this occasion have them out for the simple reason I was on a drive, albeit a shared drive, a lesson learnt for the future. 

John, are you saying the least they know the better in regards to customers or in reference to my insurance? until some thing materialises .

geoff

[Dave_Lee]

Wait and see what develops. I once informed my insurance company in advance of a 'possible' claim, which i didn't see as being my fault. They disagreed and paid out quickly, costing me the excess. It later transpired that it was a faulty suite fabric - all too late.

[John Kelly]

Insurance companies are not there to help you, they are basically bookies who take a risk with you. As Dave has said sometimes they will just pay to get it off their books. Don't contact them unless its absolutely necessary.

[CleanerCarpets]

its a difficult one to judge, i always sign up when the hoses are coming over walkways - the lack of signage helps their case

when did she take photo's? was it from their window or did you see them come out and do it? if she has gone to the doctors to get it documanted, took photos and has her trousers as evidence it all sounds like they have sniffed a claim is due and they will be taking it further. Its crap and we are all at risk every day.

there is a lot of info here - http://www.hse.gov.uk/cleaning/topics/slips.htm

if you have less than 5 employees you dont need to write risk assesments down but the wording they use is 'take reasonable precautions' - lack of signs may be the downfall

when i use to use the dry fusion system i always worried about the hot plate. I always warned customers to keep away as you know you get those who watch everything you do and follow you round getting in the way and putting themselves at risk but in turn putting us at risk for them. I had a woman who didnt listen and walked straight into a room when i had just put the machine on its back and she brushed up the plate - she soon moved but it did catch her. Because of the warnings i had given her she actually apologised to me for being where she shouldnt but if she was another person, they could well of tried to claim

i hope it comes to nothing but i guess they are taking advice

[Alby]

So she returns from her run there's a carpet cleaning van on the drive, rather than stop running and proceed with caution, she continues to run behind the van and trips.
Its her own fault. People have to take responsibility for their own actions.

I would not inform the insurance company at this early stage. I don't think she has a leg to stand on.

[gwrightson]

Alby,

I am tending to agree with you , on the point  you make.

I always , with out fail inform the customers and any other people to be aware of hoses, in fact I might even voice  record the initial conversation re. aware of hoses, whether this is legal, I don't know. !!

I will wait and see.

geoff

[Hilton]

I don't think she has a leg to stand on.

 

[Alby]

Ever watched people running,  headphones on, probably bottle of water in hand, in a world of their own

Then last 10 yards looking at their watch finger on the button ready to stop the stopwatch.
 I bet she was looking at her watch. 

[John Kelly]

Don't think she has any claim. Its not all one sided and people are expected to take care. I think any court would be of the opinion that if you saw a tradesmans van on the drive you would have to expect there may be tools, materials etc lying about and to take extra care.

[Neil Jones]

Annoys the hell out of me this culture. Poor lady tore her tracksuit and bruised her knee, bloody get a grip stupid people.

[homenclean]

If she was well enough to go take pics then wasn't that badly hurt, at best replace her running pants as a gesture of good will and admit nothing. Sounds like they are having this years summer hols on you, if they can.

John

[maxcampbell]

at best replace her running pants as a gesture of good will and admit nothing.
John

I wouldn't do that, could be thin end of the wedge and later be taken as admission of guilt. I would, however, inform the ins. Co. , by email, spreading it on thick that you don't believe there's any merit in their potential claim and stressing that they shouldn't take any decision without referring back to you. If it did turn into a claim it's the sort that you really need them on- side for.

[jim mca]

If you deal with a broker you could give them a call also FSB legal if you are a member

 If you run hoses from back door I would put warning signs on the doors also a A frame type sign across driveway when you are parked

As for risk assessments even if you only work yourself it is advisable to have them in place as the legal responsibility is on you and without them you could have no defence

[John Kelly]

Max, having dealt with insurance companies for over 20 years my advice is to keep them at arms length unless absolutely unavoidable. They have one criteria and that is the financial impact of the claim. Regardless of your instructions they will proceed the way they want to, often settling the claim as the easiest option.

[Rich Wilts]

So she returns from her run there's a carpet cleaning van on the drive, rather than stop running and proceed with caution, she continues to run behind the van and trips.
Its her own fault. People have to take responsibility for their own actions.

I would not inform the insurance company at this early stage. I don't think she has a leg to stand on.

+1.

[Steve Chapman]

I recall having this once in the past many years ago and I think it was the FSB I contacted, and I think the upshot of it was, that as the van was signwritten as a carpet cleaner and the hoses were of bright enough colour to be clearly visible then it was obvious enough to be a trip hazard.

They didnt bother claiming after that,

I always carry signs now though 

The fsb are a good source of information for this sort of thing !

Steve