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I don't believe it......... rediculous claim......
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And so it begins! Scared someone will think she self harms what a ridiculous claim, how it it that anyone can make up anything, the mental scares my arse! How is her career ruined, she still has use of her hand and it doesn't effect her capacity to think, what is she going to retrain as?
I hope the courts take the money that she has already been offrered off her.
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Before reading the full article I thought that a broken wrist would lead to inability to use a PC (mouse, keyboard) and be in post surgery pain due to carpal tunnel syndrome or arthritis. But scars ?!
Plastic surgery 101.
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....... and when pubs stop having areas for us to sit outside because of 'elf & safety' our industry will be the ones who will be blamed & rediculed.
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Just because she is on the appeals track doesn't mean there will be more money, it can go up or down, I think she is greedy and taking a chance.
As for the scars were they a direct result of the accident or a surgical procedure. If the latter she should be suing the NHS. The pub cannot be blamed for someone else's poor needlecraft.
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Post traumatic stress from fracturing her wrist?! Get in the real world girl, you don't know the meaning of the term. Upset because of some scars? Her career is ruined? What a load of rubbish, no doubt things that an ambulance-chasing lawyer has dreamed up. She went back to work for three years - that's a long time to come to a conclusion that your career is over, or is the three years a pure coincidence with the time limit on claims? I don't think she is doing the HR profession any favours with her extortionate claim.
Could she not have looked where she was going in the first place, although this being at a pub, perhaps she was not seeing too well......hmm?
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This is just a typical meaningless article from a weasel of a journalist paid to plug a populist agenda. It's a claim, that's all. She'll probably lose, which I'm pretty sure won't be featured prominently in the media,
John
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Won't win don't be so sure!
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We all know HR types live on a different planet than most people, so no surprise with the claim.
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£4.2 million!!... is she also divorcing Paul McCartney?
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If this claim succeeds to any extent, I'll stop doing the lottery and find a local pub with a beer garden instead.
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700 a day - boy did I get some bad carrier advice! Where do I retrain? Can I claim mental scare for working in Health and Safety?
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A fractured wrist ruined her life?? As an old boss of mine would have said " drink a cup of concrete and harden the $%^& up!"
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Apparently, this was a low lying rope (ie trip hazard)
So, staying calm, we need to ask ourselves:- - was a duty of care owed (yes), was it breached (looks like it|), was loss suffered (yep), was it foreseeable (yep again). So the Tort is likley to be proven, then the compo will be based on a formula.
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Brian Hagyard wrote:700 a day - boy did I get some bad carrier advice! Where do I retrain? Can I claim mental scare for working in Health and Safety? Ah yes but was it mental scars caused by working in health and safety or the reason you got there in the first place? :-)
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Shocking claim. Whatever happened to opening your eyes when you walk.
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I have no doubt she was advised by a sagacious lawyer to take this case further...I cannot see the award being any higher than it already is. Please God some common sense will prevail.
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Pikeman wrote:Apparently, this was a low lying rope (ie trip hazard)
So, staying calm, we need to ask ourselves:- - was a duty of care owed (yes), was it breached (looks like it|), was loss suffered (yep), was it foreseeable (yep again). So the Tort is likley to be proven, then the compo will be based on a formula. For which she was awarded £156K at the time. How many times can you keep on coming back for a top up?
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156K seems to be on the high side for a broken wrist but the workings of the civil courts are mysterious. The Appeal Court will hopefully reject the appeal.
I have previously used the (fictitious) example of a concert pianist losing the use of one hand in a lecture I give on the workings of the liability insurance industry as how a claim settlement may be structured and reach in excess of £1M. I may need to throw away all my notes and start again!
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quote=kevkel] Brian Hagyard wrote:700 a day - boy did I get some bad carrier advice! Where do I retrain? Can I claim mental scare for working in Health and Safety? Ah yes but was it mental scars caused by working in health and safety or the reason you got there in the first place? :-) If I did not have a head ache before I do now!
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FireSafety101 wrote:Just because she is on the appeals track doesn't mean there will be more money, it can go up or down, I think she is greedy and taking a chance. I believe, if memory serves, their is case precedent for such. A woman in the armed forces made a damages claim due to girlie magazines in her barracks. Awarded a large sum, claimed more & ended up with less than original award.
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Her career isn't at all affected by the fact that she is clearly morally defunct....
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Pikeman wrote:Apparently, this was a low lying rope (ie trip hazard)
So, staying calm, we need to ask ourselves:- - was a duty of care owed (yes), was it breached (looks like it|), was loss suffered (yep), was it foreseeable (yep again). So the Tort is likley to be proven, then the compo will be based on a formula. We don't really know the full facts, was she trying to step over it, had she been to that pub before, was it her local and these had been in place for years. Foreseeability is not as easy as people make out, is it waht the man in the street would consider a hazard? foreseeability often only becomes that in hindsight. A pub I drink in a few years ago had an area were the stairs led to the cellar, on at least 4 occasions I raised that someone could easily fall down there as it was dark and you could not see that it was steps, the pub was always packed, one night a women walked through the crowd and in true del boy style went to lean on what she thought was the bar and went right down the concrete steps, the only way I found her was the light was on on her phone. The owner decided to settle out of court as the women asked for my name. I don't think she got £156k.
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It seems to me she is a money grabbing self-serving baggage looking to make millions from a loss of earning she did not sustain. I cannot believe that a broken wrist has stopped her from earning her money in HR - other people manage to come back from much worse injuries and still make money. Perhaps she just wasn't good enough in her profession to make it to the top and judging from her attitude this seems closer to the truth than what she is claiming.
I sincerely hope she doesn't win - people need to take responsibility for watching where they are going - that's what we were given eyes for. Accidents happen but she's had a substantial payout. I can only hope they grab that money back from her and award her significantly less.
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Victor Meldrew wrote:FireSafety101 wrote:Just because she is on the appeals track doesn't mean there will be more money, it can go up or down, I think she is greedy and taking a chance. I believe, if memory serves, their is case precedent for such. A woman in the armed forces made a damages claim due to girlie magazines in her barracks. Awarded a large sum, claimed more & ended up with less than original award. Hmmm. Girlie mags, armed forces, barracks. I assume it wasn't her wrists that were damage then ha ha
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FireSafety101 wrote:Victor Meldrew wrote:FireSafety101 wrote:Just because she is on the appeals track doesn't mean there will be more money, it can go up or down, I think she is greedy and taking a chance. I believe, if memory serves, their is case precedent for such. A woman in the armed forces made a damages claim due to girlie magazines in her barracks. Awarded a large sum, claimed more & ended up with less than original award. Hmmm. Girlie mags, armed forces, barracks. I assume it wasn't her wrists that were damage then ha ha No His!!
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The facts of the accident are irrelevant here as liability was accepted by the pub. What is under consideration is the long-term effect of a broken wrist and whether that injury has affected the future of the HR professional.
We will all have our own opinions (and mine is indignant outrage) but the Appeal Court will hopefully reach a verdict that is just.
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This poor women is suffering mental anguish, so much so that £157k is no good to her she needs over 4 million!. Then she can go out and get another job, yea like you would go and retrain with 4 million in your pocket.
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She could set up business as an injury lawyer!
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FireSafety101 wrote:Victor Meldrew wrote:FireSafety101 wrote:
Hmmm. Girlie mags, armed forces, barracks.
I assume it wasn't her wrists that were damage then ha ha
Hilarious! Or do equalities just relate to the disabled?
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I'm confused - who ended up with the girlie mags then?
I read loads when I was younger and my left wrist sounds like its full of gravel. Must be worth a few grand at least from the publishers?
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I don't believe it......... rediculous claim......
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