Interesting one

http://www.piblawg.co.uk...-JD-Wetherspoon-Plc.aspx

This is another of those horribly tragic cases ( see Tomlinson/Congleton) where a momentary lapse or a ’moment of madness’ has such dreadfully profound consequences, Who can blame them for trying to seek some ‘recourse’ to assist them with the rest of their lives? As Ron says, they are going to need lots of support for the rest of their lives.

The judgement appears ’sound’ to me. I attended a case once and the judge was really ’kind’ to the lady that had taken the case against us. The judge acknowledged that she had received quite a nasty injury (not life changing or anything of the scale being discussed here) but the judge concluded that it wasn’t due to negligence on ‘our’ part, but was in fact her own fault.

We sometimes have to take responsibility for our own actions, we all make mistakes, but thank God few have such tragic consequences as this case.

I suspect the injured person went to court because she was advised or coerced by our legal fraternity ie an accident claims lawyer, possibly on a no win no fee?

I have not had much experience dealing with accident claims but recently a friend of mine asked me to provide an overview of an accident claim where a lady golfer injured herself whilst retrieving her golf ball from a ditch. The letter sent by the lawyer was very aggressive and implied guilt at every juncture. The request for information was quite staggering. I can't remember all the details but, RAs, re-assessed RAs following the incident, evidence of this and that. The upshot was that the lady golfer was an ex captain of the club and she was coerced into putting in a claim!