76 replies to this topic

[stanmarsh14]

Case of just following a set plan bud.

TBH with retail parks, I was led to believe the buck is supposed to stop at the landlord's feet, and not the outside of the shop, where it all happened, but in any case, looking possible you may have to pull this one through court, and the solicitor will love that, as they get paid shit loads more (Basically double at least), if they win the case.

Your solicitor will almost certainly be consulting with a Barrister over this, just to make sure they are doing everything right, just like mine did.

Just out of interest, has that fence now been repaired?

[stanmarsh14]

Yeah they are in talks with one at the minute, it had to go to s special office as they dont want to take it to court if they think they have a chance of not winnin. They said it had a very high chance of winning in my fav so they have decided to go to court and have been speaking to a barrister afik.


I didnt think it would be a quick bish bash bosh here is ur money. But i didnt think it would be as long as this.
The letter from matalan said that I was very drunk and that I was walking to a service area that is not open to the public. But what I said was the maps that was on google back then was old and didnt even have the big holiday inn next to matalan in the map and that had been there since 2008 I belive. I was using the map on my phone in a area I didnt know so how was I to know that it was a service area? All I could see from the map was some waste land and a path at the saide of matalan!!

Now it's at this stage, I can probs see the case being settled by the year end, even if it goes to court, provided Matalan do not find some sort of wheeze to throw in to the ring.

"The letter from matalan said that I was very drunk and that I was walking to a service area that is not open to the public."

If it's not open to the public, then why the f*** is it ACCESSIBLE to the public, would be my argument? lol

Proves certainly in my eyes, they are negligent, by way of NOT SECURING properly, areas which they do not want joe public to access, and in any case, if part of your fence falls down in your own back yard and you are responsible for maintaining it, you would go fix the bloody thing, and not leave it like they have!

Yes, some may think this American idea of "f*** them all, sue them all" notion, is just to get money and drive insurance rates up, but by the same token as I found, when your only recourse in law left, is to sue the other party to get justice and to prevent something like this happening again, then you have to do what you have to do.

Edited by stanmarsh14, 07 July 2011 - 04:20 PM.

[stanmarsh14]

They also said it was strange that I left it three weeks until i reported it to them. That was because I was unsure as what options I had. Also I could not get to the store to report it to them as I was on crutches and only went in after my first visit back to Cheltenham hospital.

They are just basically taking the piss now.

Apart from finding the store phone number (Sometimes quite hard to find the actual store phone at times), there was basically no other way in hell you could have informed them what went off.

Just like this rat infestation issue at the local william hills in town.... managed to find a contact e-mail, sent one off, automated reply, saying being passed to area manager, and that was the last I heard...... so I called the local environmental health dept, and got them to sort it

Edited by stanmarsh14, 07 July 2011 - 07:37 PM.

[stanmarsh14]

In laymen's terms, they have more or less accepted responsibility, and admit their client was negligent, so assuming you are now done with your hospital treatment, case of arguing a settlement figure (Your solicitor will probs be in contact with a friendly Barrister who knows this area of law), based on similar cases to yours, and depending on the injury, and if it has any long term or permanent disability...... I would guess this will take 3 months tops.

Just remember though Rob..... it's not about money end of the day, but getting justice and people taking responsibility, and if this is the only way you can get that justice, then so be it.

Edited by stanmarsh14, 21 April 2012 - 07:25 PM.

[stanmarsh14]

Ahhhh right, so not out of the woods yet.

TBH will be foolish for them to drag their arses now, or it will cost em f*** loads more later in court, so looking at this, they will want to settle out of court, as it's much cheaper for them to do so.

The break has also aggravated a previous medical condition, so people will take more of an interest in that point.

[draytalon]

Well i think you should win your case as it clearly looks like Matalan's fault, if a woman in California can win £10.5million from Sony
because her pet poodle got wet when it rained and she put it in her microwave to dry it out, subsequently frying the poor dog to death and another woman wins £4.5million from McDonald's because she drove away from the drive through with a coffee she just bought and it spilled on her legs and burned her, and with your case it looks a lot worse than these stupid women over here in the states. When i lived in Aberdeen, Scotland, a woman tripped on a raised paving stone, she broke her big toe, she sued the Aberdeenshire council and won £1.5million, for a broken toe, what's a broken ankle with arthritis worth. Go dude, let's hope you win and i hope you get better.

[vectra666]

just been reading your past posts on this topic and looking at the pictures i,d say the broken fence IS matalan,s and it obviously is a security fence which was knocked/fallen down previously but not cleared away or put back up a health and safety issue if the fence was up you wouldn,t of gone through there which means its matalans negelgents/fault. i,ve got a accident waiting to happen where i live the communial steps leading upto our flats have slabs on top of them which are very loose at top top two steps so loose in fact you can pick them up. our landlords sanctuary housing ass... have come out and bodged them up about 3 times still loose. I called repair line several times saying its dangerous health n safety and if we fall down including our preggers neighbour we,ll be making a claim she said on phone, better call it an emergency repair even told our housing officer too look at it that was 6 weeks ago also it doesn,t help at night having no street light which was ran down in december finally got replaced in end of march but hasn,t got a sensor on top should,ve been a day or 2 to fix thats also 3 weeks ago like the black hole of calcutta lol. an accident waiting to happen me thinks if i or anyone falls down our steps we,ll claim and sue housing for dodgy steps and street lighting

[stanmarsh14]

Wow this almost coming up 3 years ? Is this anywhere nearing to an end if so.. has it all been worth it.. like even if you did get 22k how much physical / mental time has been lost ? Just curious as I'm starting to learn time wise it's not been worth pursuing half these company's as just dealing with simple warranty returns & replacements is long and drawn out lol.. far exceeds my worth in time despite not doing much half the time but then having said that I guess you're a gambler If you win does Matalan have to pay your legal and court fees ? how much of the money will you get to keep

Way these no win no fee cases work from my own experiences of one some 5 years back, costs are paid separate of any damages paid, so the solicitor is covered, and even if they do loose, chances are the solicitor has taken out an insurance policy to cover this.