Police Officer Sues After Tripping On Kerb

[Darandio]

Personally I find this utterly ridiculous. Time to remove all kerbs?

http://www.bbc.co.uk/news/uk-england-norfolk-21987343

A police officer is suing a petrol station owner after apparently tripping on a kerb on his property when called to reports of a break-in.

PC Kelly Jones, 33, says she injured her leg and wrist at the filling station in Thetford, Norfolk, on 25 August last year.

She was not available for comment. Petrol station owner Steve Jones said he found the case "shocking".

Police said the claim appeared to be "instigated privately" by the officer.

Mr Jones said PC Jones tripped and fell and that he helped her up, but did not think she was hurt.

A letter to the business from solicitor Pattinson Brewer states PC Jones went to the Nunns Bridges garage at 00:20 BST.

'Unaware of step'

It said she went towards a gap in the fencing near a jet wash area in order to access the rear of the premises.

She did not know there was a section of high kerbing and tripped and fell.

PC Jones injured her left leg and right wrist and went to the West Suffolk Hospital, the letter added.

The claim alleges the petrol station was at fault for failing to ensure PC Jones was "reasonably safe", making no attempt to light the area or warn her about the step.

The letter also alleges the business failed to display any warning signs or carry out a risk assessment.

Mr Jones said he did not think he could have done any more to make things safe for the officer.

"I think the kerb was fairly visible - as visible as any kerbs on the road she had already walked over to get here," he said.

"When I got this letter I was anxious and worried.

"It's left a sour taste in my mouth.

"Times are quite hard for the industry and it seems everywhere we turn someone wants a piece of us - whether it's rates people, credit card companies, shoplifters, or people driving off without paying.

"This is the final straw."

'Not common'

Paul Ridgway, chairman of the Norfolk Police Federation, said it had been made aware of the incident soon after it happened.

He said regardless of the federation's view on any member's claim, a claim is forwarded to a solicitor to see whether there is any merit in it.

He added: "All members of the public, regardless of what profession, can claim litigation against people and against private firms - that's why everyone has insurance.

"It's not common, I appreciate that, but the claim has come in and we've honoured the officer's wishes by putting it through to the solicitor."

Norfolk Police said it had been unaware of the claim, adding: "We have a duty of care to any officer injured whilst on duty, to support their continued health and well-being and fitness to return to work.

"Officers can, in addition, receive further support from their staff association, as well as pursuing private treatment."

 

[gswindale]

This does seem ridiculous, but there was something similar a short while back where a Police Officer was taking action against the owners of a stolen car for injuries sustained in the pursuit.

Surely this is a risk of the job and I would have thought that if such a case went to court that it would be laughed out by the judge.

Whatever happened to common sense & people taking responsibility for their actions?

 

[richw]

In another media source there was a picture of the kerb, it was no different to a kerb at the side of the road and pavement. Can we all sue the council if we trip up a kerb now, if the area isnt well lit, and there is no sign warning us of this?

 

[Bungle73]

Surely this is a risk of the job and I would have thought that if such a case went to court that it would be laughed out by the judge.

Tripping over an unlit kerb is a "risk of the job"? :?

Businesses have a duty to ensure publicly accessible areas of their premises are safe. If the kerb was not immediately noticeable (as highlighted by the claim it was not lit or signed) then there is grounds for a claim imo.

Most of these "ridiculous" sueings that turn up in the media are not ridiculous at all once one takes account of all the facts. This is only in the media because it was a police officer; if it was an ordinary member of the public we wouldn't have heard about it.

 

[richw]

Businesses have a duty to ensure publicly accessible areas of their premises are safe.

It wasnt in a public area, it was in an area where the policewoman was going to check the assailant wasnt hiding

 

[Ivo]

And people wonder why groups/firms like National Accident Helpline get laughed at...

 

[Bungle73]

It wasnt in a public area

And you know this how?

It said she went towards a gap in the fencing near a jet wash area in order to access the rear of the premises.

She did not know there was a section of high kerbing and tripped and fell.

Sounds like a publicly accessible area to me.

In any case there is a duty to keep an area safe.

 

[Xenophon PCDGS]

The report states that the Police Federation have submitted the case to their solicitors for consideration. Shall we await what they decide ?

 

[Ferret]

Does the word 'accident' appear in the latest editions of the OED?

 

[Bungle73]

Does the word 'accident' appear in the latest editions of the OED?

What does the fact that was an accident have to do with anything. If you were injured on someone's premises due to their negligence would you not take legal action against the owner?

 

[Xenophon PCDGS]

This does seem ridiculous, but there was something similar a short while back where a Police Officer was taking action against the owners of a stolen car for injuries sustained in the pursuit. Surely this is a risk of the job and I would have thought that if such a case went to court that it would be laughed out by the judge.

Whatever happened to common sense & people taking responsibility for their actions?

Are you saying that Police Officers on night duty are not issued with night-vision goggles as part of night-duty equipment...well I never..hock:

 

[Ferret]

What does the fact that was an accident have to do with anything. If you were injured on someone's premises due to their negligence would you not take legal action against the owner?

I was just wondering if accidents were allowed in the modern age, or whether any unfortunate incident always had to be somebody else's fault?

 

[455driver]

Are you saying that Police Officers on night duty are not issued with night-vision goggles as part of night-duty equipment...well I never..hock:

As far as I know they are still issued with torches though, did she use it?
If not surely she can be held partly accountable?

 

[richw]

And you know this how?


Sounds like a publicly accessible area to me.

In any case there is a duty to keep an area safe.

From the quote you quoted, she went through a gap in some fencing. Implies that it was a private area with fencing up, to access rear of the station.
Also as per previous comment another media source has a photo of the kerb, appears lower than that from the road to pavement outside of my house.

 

[anthony263]

I find this completely ridiculous.

I read elsewhere that the garage owner said the area was lit and there were streetlights nearby as well. Also stated that the officer didnt say anything while there about being injured.

I wonder if she had seen one of those adverts on the tv and got persuaded to try and claim.

I do hope this claim is thrown out however I do think some damage has been done already especially if some people might be put off calling the police out and little doubt I dont think this officer has done herself any favours in the eyes of some of her fellow officers.

 

[richw]

Also stated that the officer didnt say anything while there about being injured.

One would imagine the garage owner would be required to hold an accident book, and a police officer would be well aware of Health and Safety processes that are required.

I wonder if she had seen one of those adverts on the tv and got persuaded to try and claim.

or one of the million SMS messages sent to her. Within the last week I have had 3 of them reading as follows:

"There is still £2612.84 in your name, compensation for the accident you had, to get it sent ASAP fill out the form at www......."

"Please call us on 0800...... to make a claim for your injury from your recent accident"

"We have £1000 earmarked for you in compensation from your recent accident, call us on 0800....."

I havent had any accidents where anyone except by best mate was aware of, and that one was my own fault driving too fast for the conditions and spinning my car, although no injury was sustained and the car was undamaged. I imagine these SMS messages do create numerous bogus compensation claims from some people, or other trying to milk for every penny for an accident that was their own fault. These companies go out of their way to find a way of pinning the blame on other parties.

 

[transportphoto]

And this wouldn't make the news if it weren't for the claimant being a Police Officer.

TP

 

[Ferret]

And this wouldn't make the news if it weren't for the claimant being a Police Officer.

That indisputable fact doesn't make the compensation culture any less overbearing though.

 

[Bungle73]

From the quote you quoted, she went through a gap in some fencing. Implies that it was a private area with fencing up, to access rear of the station.
Also as per previous comment another media source has a photo of the kerb, appears lower than that from the road to pavement outside of my house.

Where does it say she went through a gap? It says she went to an area near a jet wash. That sounds like an accessible area to me.

I find this completely ridiculous.

I read elsewhere that the garage owner said the area was lit and there were streetlights nearby as well. Also stated that the officer didnt say anything while there about being injured.

He's being sued, and has taken the case to the media, of course he's going to deny responsibly.

At the end of the day no one here knows all the facts of what the premises are like, or how the incident occurred.

I do hope this claim is thrown out

Thrown out? How do you know that she doesn't have a legitimate claim? You don't

however I do think some damage has been done already especially if some people might be put off calling the police out

The fact that she is a police officer is neither here nor there. This an individual taking action against a business for an accident sustained while on their premises.

and little doubt I dont think this officer has done herself any favours in the eyes of some of her fellow officers.

Again, you know nothing of the sort. If this is a legitimate claim then I'm quite sure her colleagues will be 100% behind her.
--- old post above --- --- new post below ---

Also as per previous comment another media source has a photo of the kerb, appears lower than that from the road to pavement outside of my house.

So? It doesn't have to be very big to cause one to trip.

 

[anthony263]

Maybe your are right Bungle73 however I will stick to my opinion which includes that I think this compensation culture is out of control.

 

[richw]

she went through a gap in the fencing

Bungle73 the above is copy and pasted from the BBC article

It doesn't have to be very big to cause one to trip.

I'll ensure next time I trip up a kerb I sue the local council, and will ensure everybody who trips over a kerb sues the council. This is setting a very dangerous precedence in the compensation culture. My honest view is you should only be able to claim compensation for loss of earnings of expenses incurred as a result of such an incident. In reality they will probably be awarded £1000s when they may have had a few days off work, often on full pay!

 

[Bungle73]

I'll ensure next time I trip up a kerb I sue the local council, and will ensure everybody who trips over a kerb sues the council.

Why do people keep comparing this to a road-side kerb? This isn't a road-side kerb. You'd know that was there. This is a kerb where, unless it was lit or signed, you wouldn't know was there in the dark.

This is setting a very dangerous precedence in the compensation culture.

It hasn't set any sort of "precedent" as it hasn't even reached court yet.

It is everyone's right to sue for damages when they have been injured, with possible loss of earnings, due to negligence if a third party.

TBH I don't even know why this case is in the media. It's no different to thousands of other cases which get dealt with every year.

My honest view is you should only be able to claim compensation for loss of earnings of expenses incurred as a result of such an incident. In reality they will probably be awarded £1000s when they may have had a few days off work, often on full pay!

And why shouldn't someone get some kind of compensation for the hassle and stress caused by having an injury when someone else has been negligent? And if someone has been negligent causing someone to have an injury why shouldn't they be have to pay for it by compensating the victim?

 

[richw]

She is claiming £50,000, not just a couple of grand. A search of Pattinson Brewer reveal them to be one of these no win no fee who harrass you with automated phishing messages claiming to know you've had an accident.

This isn't a road-side kerb.

The kerb was between a roadway and a pavement as per my example you have just dismissed. Pictures are on the daily mail site. It was within a public area, it is very clear and obvious from the pictures the kerb is present.

 

[GB]

Whats next? Home owners sued by police if they trip over a garden gnome on their property?

 

[Bungle73]

The kerb was between a roadway and a pavement as per my example you have just dismissed.

Um no its not. It's on the premises of a petrol station so nowhere near a roadway or pavement.

I say again, one expects a kerb by the roadside. This was not by a roadside.

Pictures are on the daily mail site. It was within a public area, it is very clear and obvious from the pictures the kerb is present.

Um, the picture is taken in broad daylight. The incident happened at night.

I might have expected the DM to get its grubby little mitts on this story no doubt accompanied by "public outrage" as well.

At the end of the day this is a non-story. Why it's being bigged up by the media I have no idea, or are we to have reported every single negligence case that initiated? It hasn't even reached court yet.

 

[Darandio]

Whats next? Home owners sued by police if they trip over a garden gnome on their property?

What about splinters whilst smashing a door in during a raid? God forbid if they put their back out whilst doing it.

To see anyone defend this claim for compensation against something such as a kerb has me perplexed.

 

[Bungle73]

What about splinters whilst smashing a door in during a raid? God forbid if they put their back out whilst doing it.

To see anyone defend this claim for compensation against something such as a kerb has me perplexed.

Actually what is perplexing is people like you who feel qualified to make judgments on this case when you have no idea what the full facts are, nor the extent of the person's injuries.

 

[Darandio]

Actually what is perplexing is people like you who feel qualified to make judgments on this case when you have no idea what the full facts are, nor the extent of the person's injuries.

Of which the exact same thing applies to you does it not?

Given it seems that the person involved showed no sign of injury at the time, I would be surprised if they were serious.

To me, it is all about money, that is my qualified opinion.

 

[Ferret]

What is perplexing is why every single incident that happens is seen as fair game for compensation. For once, I'm looking forward to reading what that plum Littlejohn has to say in the Fail - talk about giving him an open goal?!

 

[GB]

Why do people keep comparing this to a road-side kerb? This isn't a road-side kerb. You'd know that was there. This is a kerb where, unless it was lit or signed, you wouldn't know was there in the dark.

What happened to personal responsibility? Does that end the very moment your on someone else's property?

Did the police officer use her police issued torch?

If I was walking down the street one night and slipped on a drain cover, should I be able to sue or would I rightly be told to **** off and be more careful?

If the police officer hadn't tripped but was instead assaulted, would the petrol station owner still be held accountable?

The reason the media got hold of it is because she is in a job were the risk to personal injury is high....a job which she chose for herself knowing that. Would you expect a firefighter to sue a member of public for getting injured (either on the way) or at location of a fire?