Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Who do I sue?

Who do I sue?

Postby TommyKnocker » Wed Oct 08, 2014 9:18 pm

So I'm in a pub and as I'm the designated driver I've not been drinking.

A customer leaves his bag in a silly place where any reasonable person would have known it would be a trip hazard.

I trip over the bag and take a tumble.

Now the customer gets up and apologises to me for leaving the bag in a silly place. I accept his apology and go about my business.

However, if I had been injured or if I had been a litigious person, who would I sue? The customer? The pub owners? Both?

I'm not suing anyone by the way. I'm just curious.
Improvise, Adapt and Overcome
TommyKnocker
 
Posts: 815
Joined: Thu Jun 20, 2013 9:31 pm
Location: Oxford

Re: Who do I sue?

Postby atticus » Wed Oct 08, 2014 9:22 pm

Why Do you start your posts with "So"?

You sue the person who owed you a duty of care, and had failed (so you claim) to discharge that duty.
User avatar
atticus
 
Posts: 19913
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Who do I sue?

Postby TommyKnocker » Wed Oct 08, 2014 9:28 pm

atticus wrote:Why Do you start your posts with "So"?


I hadn't noticed. I presume it's because that's how I talk.

atticus wrote:You sue the person who owed you a duty of care, and had failed (so you claim) to discharge that duty.


In a public bar, does anyone owe me a duty of care to the point where they could be held responsible for someone leaving their bag in a silly place?
Improvise, Adapt and Overcome
TommyKnocker
 
Posts: 815
Joined: Thu Jun 20, 2013 9:31 pm
Location: Oxford

Re: Who do I sue?

Postby atticus » Wed Oct 08, 2014 9:29 pm

The person who put his/her bag there?

The person who failed to spot it?
User avatar
atticus
 
Posts: 19913
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Who do I sue?

Postby JoeDaFone » Wed Oct 08, 2014 10:14 pm

If you were tripped an injured you'd either have to prove that the bar operators had been negligent or that the owner of the bag had been negligent (and that you could trace them. and that they had deep enough pockets to pay for the matter).

In an environment such as a bar the defence would no doubt try to argue contributory negligence, no doubt through alcohol consumption or some other route, that it would probably be a hell of a fight.
JoeDaFone
 
Posts: 61
Joined: Tue Nov 20, 2012 2:22 pm

Re: Who do I sue?

Postby Slartibartfast » Wed Oct 08, 2014 10:15 pm

I think you should sue your own friends, TK. It is clear that they have engaged you to to carry out a service for them, so arguably you are an employee for that purpose, and thus they have responsibilities to ensure that your workplace is safe.

Were you given induction training, did they carry out even a cursory site check before asking you to enter the pub? Was a statutory poster displayed giving details of H&S? My blood boils when I hear of such negligence - sue them for every penny they've got!
"Judicial tergiversation is not to be encouraged"
User avatar
Slartibartfast
 
Posts: 3745
Joined: Thu Nov 01, 2012 5:06 pm

Re: Who do I sue?

Postby TommyKnocker » Wed Oct 08, 2014 10:33 pm

Good advice there Slarti, the only problem I foresee is that I actually offered my services, they didn't ask. Therefore, my pals did not owe me any duty of care that I can identify.
Improvise, Adapt and Overcome
TommyKnocker
 
Posts: 815
Joined: Thu Jun 20, 2013 9:31 pm
Location: Oxford


Return to Personal Injury

Who is online

Users browsing this forum: No registered users and 1 guest

cron