Injury on an icy course
- Thread starter Colin2324
- Start date
- Status
Foxholer
Blackballed
I'm ambivalent on this.
Not a fan of 'nanny state' nor ambulance chasers/compensation culture, but if someone else has been negligent, then reasonable compensation is due.
I'd suggest going to a No Win/No Fee bunch who are probably in the best position to measure what the chances of success are - so whether their work will pay off or not!
Hope you recover well. The concept of successful claims meaning that membership fees go up strikes me as irrelevant - and a tad barmy imo.
I actually slipped down a bunker and broke my ankle 18 months ago. No work (so no pay) for 7 weeks! I didn't claim.
BTW. Councils have a statutory obligation to maintain roads in proper condition. If you damage your suspension in a pot-hole (deeper than a certain value) that they have been notified of and done nothing about, then a claim can be made - and is likely to be successful. Quite a lot of faff involved though.
Not a fan of 'nanny state' nor ambulance chasers/compensation culture, but if someone else has been negligent, then reasonable compensation is due.
I'd suggest going to a No Win/No Fee bunch who are probably in the best position to measure what the chances of success are - so whether their work will pay off or not!
Hope you recover well. The concept of successful claims meaning that membership fees go up strikes me as irrelevant - and a tad barmy imo.
I actually slipped down a bunker and broke my ankle 18 months ago. No work (so no pay) for 7 weeks! I didn't claim.
BTW. Councils have a statutory obligation to maintain roads in proper condition. If you damage your suspension in a pot-hole (deeper than a certain value) that they have been notified of and done nothing about, then a claim can be made - and is likely to be successful. Quite a lot of faff involved though.
Last edited:
T
thecraw
Guest
Flippin grow a set man!
T
thecraw
Guest
Your dam right if StuartC is in your fourball!!!!!!!!!!
ThePhantom
Medal Winner
Not long been here but got to say the forum is hilarious!!!
These are joke posts aren't they?
Kellfire
Blackballed
You do both realise that the post was edited to remove the abuse, yes?
ThePhantom
Medal Winner
Abuse? When you say abuse you mean he used the word 'fanny'?
T
thecraw
Guest
And Uncle Quentin? What about lashings of Ginger Beer? That not allowed either?
stevie_r
Tour Winner
why do you put yes? at the end of posts? is it to emphasise a point?
Kellfire
Blackballed
Why don't you put capital letters at the start of sentences?
So many questions, so little time.
Foxholer
Blackballed
Yes!
D
deanobillquay
Guest
Christ, man up and ask the club if they'll give you a free buggy til the plaster comes off!!
There's risk in nearly every sport, it's to be accepted.
There's risk in nearly every sport, it's to be accepted.
MadAdey
Money List Winner
I do enjoy these sort of posts as there is always a divide and not much fence sitting. I still think that if people start being able to get compo in cases like this then golf clubs are going to suffer. This is what scares me about what will happen if people start to win these types of cases when the club really could not have done much to prevent it. It is not like some paving stones that are dangerous and being ignored by the club, until someone finally falls over on them.
this is what I see happening:
1) Liability insurance will go up, which will get passed onto the members in their annual fees.
2) If an accident does happen, that the club could have done something to prevent, ( like in the case of like the OP) the insurance company will not pay out due to the club being negligent by not shutting the course.
3) Courses are now frightened of having to pay out to a compo claim from their own pocket, so the slightest sign of the ground getting icy or slippery they will just shut it.
4) Annual fees will be put up to make sure the club has finances to pay out on these compo claims.
5) Members leave for other courses that are less susceptible to icing up, as they are going to be open during the winter.
6) Club now has hardly any members and ends up shutting down. (bit extreme, but you see my point)
This is what worries me about cases like this. God knows what the course is going to look like, 6 foot fences around all water to prevent people falling in, massive warning signs everywhere, all raised greens and tees flattened so no one can slip down them, the list is endless.
this is what I see happening:
1) Liability insurance will go up, which will get passed onto the members in their annual fees.
2) If an accident does happen, that the club could have done something to prevent, ( like in the case of like the OP) the insurance company will not pay out due to the club being negligent by not shutting the course.
3) Courses are now frightened of having to pay out to a compo claim from their own pocket, so the slightest sign of the ground getting icy or slippery they will just shut it.
4) Annual fees will be put up to make sure the club has finances to pay out on these compo claims.
5) Members leave for other courses that are less susceptible to icing up, as they are going to be open during the winter.
6) Club now has hardly any members and ends up shutting down. (bit extreme, but you see my point)
This is what worries me about cases like this. God knows what the course is going to look like, 6 foot fences around all water to prevent people falling in, massive warning signs everywhere, all raised greens and tees flattened so no one can slip down them, the list is endless.
Last edited:
Colin2324
Medal Winner
Pretty much the reaction I expected given my OP, but a point worth debating I felt.
Just to clarify how I got to where I am now with this. I did not simply fall, break my ankle and see the £££ signs. One of my playing partners reported the incident to the club the next day and gave them my contact details. I was expecting that someone might phone me and make sure I was okay etc etc, perhaps chuck £50 behind the bar for my next visit or offer a discounted membership at best.
My next contact came from the clubs insurers who vehemently denied that there was any liability admission, stated I was not to contact the club or play it until the 'matter' was resolved and subsequently recommended that I appoint a lawyer. Frankly they got my back up with their attitude
So basically no apology or show of concern from the club and a boorish bullying couple of emails from their insurers had me scrurrying along to a no win no fee agent to see where I stood. I dont think they handled it very well because of the compensation culture and the fear of me suing them and essentially their defensive attitude ensured that is what happened.
Yes I could have walked away and put it down to experience, and yes I still may not receive compensation and yes I see the case for me not receiving anything, and wont be grieving or angry if I dont.
But its not a clean cut as me simply walking out of xray right into a lawyers office. In fact if anyone forced it down the legal route it was the club and their insurers. Had the club NOT had liability insurance I wouldnt have even bothered taking it this far. My understanding is that there isnt much of a threat to their premiums should they lose but frankly I am not too concerned with that as they themselves put the case down that road when a phone call and a bunch of floors could have fixed it.
Just to clarify how I got to where I am now with this. I did not simply fall, break my ankle and see the £££ signs. One of my playing partners reported the incident to the club the next day and gave them my contact details. I was expecting that someone might phone me and make sure I was okay etc etc, perhaps chuck £50 behind the bar for my next visit or offer a discounted membership at best.
My next contact came from the clubs insurers who vehemently denied that there was any liability admission, stated I was not to contact the club or play it until the 'matter' was resolved and subsequently recommended that I appoint a lawyer. Frankly they got my back up with their attitude
So basically no apology or show of concern from the club and a boorish bullying couple of emails from their insurers had me scrurrying along to a no win no fee agent to see where I stood. I dont think they handled it very well because of the compensation culture and the fear of me suing them and essentially their defensive attitude ensured that is what happened.
Yes I could have walked away and put it down to experience, and yes I still may not receive compensation and yes I see the case for me not receiving anything, and wont be grieving or angry if I dont.
But its not a clean cut as me simply walking out of xray right into a lawyers office. In fact if anyone forced it down the legal route it was the club and their insurers. Had the club NOT had liability insurance I wouldnt have even bothered taking it this far. My understanding is that there isnt much of a threat to their premiums should they lose but frankly I am not too concerned with that as they themselves put the case down that road when a phone call and a bunch of floors could have fixed it.
Last edited:
jpenno
Head Pro
A couple of quetions for you.
Why was the accident not reported as soon as it happened? how did you get to hospital? Did you walk off the course?
Your failure to report the ice could have resulted in the next group to slip if the area was dangerous. The club cannot be expected to do anything if they did not know about the ice.
Why was the accident not reported as soon as it happened? how did you get to hospital? Did you walk off the course?
Your failure to report the ice could have resulted in the next group to slip if the area was dangerous. The club cannot be expected to do anything if they did not know about the ice.
T
thecraw
Guest
It makes no difference. You were still silly enough to slip. I fear you have dollar signs in your eyes now.
I sprained my ankle in a rabbit hole at Millport a couple of years back. The club didn't have any signs up saying rabbits had burrowed into the ground please watch your your step. Should I have taken legal action? I just put it down to me being a **** who didn't watch his footing properly.
I sprained my ankle in a rabbit hole at Millport a couple of years back. The club didn't have any signs up saying rabbits had burrowed into the ground please watch your your step. Should I have taken legal action? I just put it down to me being a **** who didn't watch his footing properly.
MadAdey
Money List Winner
Fair point Colin, but you did not explain that in your OP. It was coming across as you fell and saw the £ signs and went after them. It sounds like the course has handled it in a really bad way and like you said a little bit more empathy and you may not have messed around with a compo claim.
I think people are just getting fed up with the blame culture and the need to sue for the slightest thing and they are seeing you as another person that has had an accident through their own fault and feel the need to lay the blame at someone elses feet.
Hope you have a good recovery and get back out playing soon.............:thup:
I think people are just getting fed up with the blame culture and the need to sue for the slightest thing and they are seeing you as another person that has had an accident through their own fault and feel the need to lay the blame at someone elses feet.
Hope you have a good recovery and get back out playing soon.............:thup:
Last edited:
triple_bogey
Tour Rookie
Good points!!
Colin2324
Medal Winner
Yes those are good points. After they had finished laughing and telling me to 'walk it off' I managed to twist my foot back to a forward facing direction and hobbled to the nearest point a vehicle could get into and was driven to the hospital from there. By that time the only 'official' at the club was the girl behind the bar so it wasnt reported until the next day .
Last edited:
jpenno
Head Pro
So the slip may not have been tha actual cause of the broken ankle, but your attempts to hobble back (presumably some distance) on frosty ground could have caused the damage.
Did your playing partners (the members of the club) not have the Club ICE details in their phone? - I would have thought the best course (
) of action would have been to call the ambulance and the club house and get a buggy to trasnport you back to the car park.I am not surprised the insurers are taking issue if the matter was not reported at the time
- Status
Similar threads
