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#1 Posted : 01 July 2005 11:55:00(UTC)
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Posted By Richard Mathews Ladies and Gentlemen The scenario is as follows: A man comes out of a public house on a Saturday evening (a fine dry day) crosses a road and enters a train station through the automatic doors. He walks across the de-wetting mat and steps onto the anti-slip tiles, which are clean and dry, he immediately slips and lands with his trailing leg underneath him. The staff at the station go to his assistance and the man says that he thinks he has broken his ankle. The staff ask if he wants an ambulance, which he declines, eventually they have him sitting in a chair and after a couple of minutes he asks to be assisted to his feet to see if he can walk, which they do. The man walks around for few minutes and says that he doesn’t think that his ankle is broken as he can walk OK, he then walks back across the road and back into the pub. Two days later the station manager receives a telephone call from the man saying that his ankle is in fact broken. Is this now RIDDOR reportable? Over to you. Regards, Richard
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#2 Posted : 01 July 2005 12:06:00(UTC)
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Posted By MichaelM Is there any evidence that anything caused his fall?
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#3 Posted : 01 July 2005 12:11:00(UTC)
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Posted By Rob T A difficult one but I'd probably say not. Mainly because you don't know where he "broke" his ankle if it actually is. He may have fallen over again at a later stage (maybe at closing time!). If there was no obvious defect to the premises this may also be a negating factor. I presume sonny-me-lad wants to put in for "compensayshun innit"? I think the fact that he was able to walk unaided and refused the ambulance will add weight to the argument against. Having seen many broken ankles whilst playing rugby, I can honestly say that I've never seen anyone get up and walk around after - even with just a hairline fracture (although maybe they were just wimps?). Just a point of view.
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#4 Posted : 01 July 2005 12:26:00(UTC)
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Posted By Brian Hagyard Not Reportable - For a person not at work they have to be "Taken from the site of the accident to hospital for treatment" by visiting the pub first does not fall under reg 3 (c) RIDDOR. As the person was not at work the injury in not relevant.
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#5 Posted : 01 July 2005 12:29:00(UTC)
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Posted By Heather Collins Beat me to it Brian! Clearly not reportable. However I would strongly suggest that they write down whatever detail they can in their accident book, along with the statement about the floor being dry and clean, etc and the names of any witnesses in preparation for the inevitable no-win no fee try-on. Heather The artist formerly known as Heather Aston
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#6 Posted : 01 July 2005 13:37:00(UTC)
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Posted By Richard Mathews Thanks everyone for your responses. You have confirmed what I believed to be the case, but every so often these little nagging doubts creep in and that is when this forum is invaluable. There was no evidence of anything on the premises that could have caused the fall, around 12 million people per year walk over that floor (including, by his own admission, the man I question) and only one other has reported that they have slipped. Fortunately the other one that report slipping was a star attraction on the CCTV which clearly showed her loosen the buckle on her platform shoe just outside the door and then stumble and fall just inside. She lost her PI claim! We also have this incident on CCTV from him coming out of the pub, crossing the road, slipping, going back into the pub and coming out again aided by two others into a taxi. He has indicated that he will be seeing a solicitor. Thanks again. Regards, Richard
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#7 Posted : 01 July 2005 13:41:00(UTC)
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Posted By Paul Leadbetter Congrats, Heather, you kept that quiet! Paul
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#8 Posted : 01 July 2005 14:59:00(UTC)
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Posted By ITK I meant to respond earlier but couldnt find my password! Definitely not RIDDOR and Heather is it marriage or divorce?
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#9 Posted : 01 July 2005 16:13:00(UTC)
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Posted By Michael Hayward No - if the guy was a "member of the public" therefore a section 3 HASWA responsibility. RIDDOR states that a section 3 accident is only reportable if the person is "taken directly to hospital, by whatever means and receives treatment"
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#10 Posted : 01 July 2005 19:59:00(UTC)
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Posted By Heather Collins Actually guys it's divorce! But under the curcumstances Paul is right - it probably is congratulations at finally getting round to changing my name back after much nagging! Heather
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