Yesterday one of the girls in the office had a fright.
She pulled into a garage to fill up. her two kids in the back of the car. A truck pulls in but whacks the canopy over the pumps sending a metal pole falling from the roof onto her head. Claret everywhere and she was knocked over but didn't lose consciousness. Staff call an ambulance and off she is carted whilst her family arrived to take care of her kids.
Conversations in the office turned to whom she could claim compensation from. The lorry driver and/or his employer or the garage owner or maybe even both.
Assuming there were height restriction signs in place I'm guessing both she and the garage will claim against the trucker.
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It was an accident. Why is she due compensation?
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>>It was an accident. Why is she due compensation?
And if she was dead, why would the Police wish to investigate.
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Why wouldn't she claim?
She's suffered a head injury requiring five stitches plus the shock of it all and inconvenience. I'm guessing the damaged garage would be claimed for under insurance so why not damage to the innocent human bystander?
No-one said the lorry driver deliberately drove into the garage to cause damage but he caused some regardless.
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>> It was an accident. Why is she due compensation?
Was it owing to negligence on the part of the driver (looks like it to me) and/or the garage (unsafe structure, lack of warning signs?)
The lady can hardly be accused of contributory negligence, unlike the police officer who fell over a kerb at a filling station and successfully claimed £5,000. On that scale, being brained by a pole when a careless berk drives into a canopy must be worth at least £25k!
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I think the PC claimed for the trip, against her force and the garage, but it hasn't been settled has it? I hope it's thrown out. Her other claim,for when she was slightly injured in a car accident whilst at work, hasn't been to court yet either, I don't think.
Last edited by: NIL on Thu 6 Jun 13 at 13:42
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>> Assuming there were height restriction signs in place I'm guessing both she and the garage
>> will claim against the trucker.
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Assuming that the sign correctly states the actual clearance.
I had a dispute with NCP years ago because their swinging signboard was displaying the wrong clearance, and wasn't hanging at either the correct or the indicated height.
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Lorry driver - unless the headroom height wasn't displayed so there could be contributory negligence by the petrol station operator. The person injusred has a clear Personal Injury claim against the driver. Who would blame her.
And if she was dead, why would the Police wish to investigate.
They would because it was a sudden death - any criminal liability would be examined as well. This sounds like a nasty incident, hardly the same as tripping over a kerbstone.
I drive a truck with a height of 3.25meters - I take responsibility for checking the height of canopies on garages - got it right o far...
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Ouch! - Alanovich
