4m x 3m Omlet pen, cube, new auto door still boxed and coop light

[Cyber Chook]

Hi everyone, my first posting here. I recently posted a glum message on the main forum, asking for support and encouragement, feeling overwhelmed by what I'd taken on: five lovely chickens, a fatigue problem and a sea of mud in all the recent rain.

 

I had a fantastic response from fellow Omleteers.

 

Anyway, for those people who heard that I broke both my arms in January, slipping on yoghurt on the floor of a 'well-known supermarket', I'm absolutely DELIGHTED to announce that I've just heard from my solicitor that they're going to cough up. They're not admitting liability, but are happy to settle. I have to be reviewed by a specialist to see what disability I've been left with, and then the compensation is negotiated.

 

I'm so relieved and happy!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Caroline

[Lesley]

That's good news Caroline! - I hope you're feeling much better?

[Tessa the Duchess]

That's great news Caroline Two broken arms sounds awful DH

tripped and fell due to an uneven paving stone and small crater left by Haringey Council, he ripped a tendon in his arm and had to have an op. with general anaesthetic. He was advised to sue the Council for compensation which he did, took nine months of very boring paper work and going to see a private specialist, the Council settled out of court in the end

 

I don't generally approve of the litigation society, people who try and sue MacDonalds because they burned their lip on hot coffee etc., but when something happens that seriously curtails your normal life and involves operations, then I think it's fair game.

 

Tessa.

[Olly]

Fantastic - no amount of money makes up for what you went through, but I'm pleased to hear it's just down to arguing over how much.

 

Now you can plan what you're going to do with the money. I do hope you're feeling a bit less overwhelmed by the chickens, we've all been there and understood how you were feeling, and you hadn't even mentioned that you'd broken both arms at that point!

 

Are you tempted to spend some of it on new chicken-equipment!

[Tessa the Duchess]

Are you tempted to spend some of it on new chicken-equipment!

 

I was going to ask Caroline if she was planning to get more chickens, but remembered the 'Prudence' thread and decided not to encourage her to increase her flock

 

Tessa

[Guest]

I don't generally approve of the litigation society, people who try and sue MacDonalds because they burned their lip on hot coffee etc., but when something happens that seriously curtails your normal life and involves operations, then I think it's fair game.

 

I agree 100%! Our society has become too quick to jump on the band wagon of these no win, no fee claims to make a quick buck, knowing full well that the majority of cases get settled out of court.

 

But there are times when compensation is genuinely due, for example when it has caused loss of earnings, or permanent disability...

 

Congratulations Caroline! I'm glad your happy with the sum you received and that the waiting is finally over!

[Guest]

ouch!!!!!

 

did you have to have an op? That must have been sooooooooo painful!

 

How can they not admit liability???? Anyway, I hope you get a decent settlement.

 

I tripped and fell over on my own front drive, broke my arm and had to have it pinned. Sadly the only person I could sue was myself!

[Seagazer]

Good result

[Cyber Chook]

Aw, thanks for all the sympathy. It was so unbelievably painful, Poet! (Sorry to hear about your accident too). I laid on the supermarket floor and thanked my lucky stars that the ambulance took 20 mins to arrive, so by that time numbness had set in. No op - apparently they're rarely successful, and can cause more problems. It was both elbows, and no plaster possible because it involved the joints. I had to keep them moving, or they set into one position. That was fun!

 

Tessa, sorry to hear about your poor husband's experience, and glad that he was compensated.

 

I totally agree with the not liking or wanting a litigation society. I'm glad to be getting something, to compensate for the trauma and pain, and have also to live with a right arm that will never straighten (it impacted as well as fractured). I'm really a 'That's life' person, and feel that accidents do happen and you have to accept that, but in this case the yoghurt had clearly been there a while. It was all over the floor. I could have had a little snack on it while I was lying surrounded by it.

This supermarket recently announced huge profits... who knows, they might even employ more people to go round checking the shop for hazards

 

Caroline

 

PS I'll do something nice, and then something sensible, with the money when it eventually arrives (apparently it could take around 18 months to agree and sort out). So, yes indeed, something chicken-related is a distinct possibility

[superjules]

Ouch Cyberchook, that sounds agonising! You poor thing.

 

Glad to hear you will get compensated though.

[Guest]

no plaster and no op! Blimey, hope you had strong painkillers!

[Ain't Nobody Here]

That's great news . I'm sure it won't make up for the agony of what you went through and the disability you've been left with, but at least it'll give you something nice to look forward to .

 

Can't uderstand why they didn't admit liability though .

[Cyber Chook]

Me too. I wondered if it was something to do with it not appearing on their health and safety records, if they don't admit liability? Any solicitors out there know the answer?

[Guest]

Me too. I wondered if it was something to do with it not appearing on their health and safety records, if they don't admit liability? Any solicitors out there know the answer?

 

Well I'm no solicitor, but I would guess that the payout would be alot higher!

 

As well as having to have a formal invesigation by the HSE...

[Cyber Chook]

Yes, that was my first thought! My solicitor said it makes no difference at all to the compensation figure though

[abwsco]

It sounds like you've had a horrendous time due to their sloppy housekeeping and deserve the compensation

[surferdog]

Well done Caroline. At least you won't have to go through some horrible court process on top of everything else.

[Egluntyne]

Well done.

 

What a relief that you don't have to go to court.

[Cyber Chook]

Yes yes and yes! Thanks everyone. I feel so relieved. It's going to take another year or so for medical reports and so on to be sorted out, but now I can forget about it for the time being. And enjoy my girls (birds and daughters)

 

Caroline

[Olly]

Admitting liability won't make any difference to the payout, but they will not want to admit liability if they can avoid it. It's a standard tactic to protect their position, and their insurers will insist that they don't admit liability.

 

Most of these settlements are pragmatic decisions - 'if we can settle this for (say) £10,000 then it's not worth going to court. If it's going to cost us £100,000 then it's worth fighting'.

 

If they once admit liability, then they can't withdraw it. Suppose your condition then worsened, or the medical reports revealed something more complicated - they could then end up having made an admission, and having to pay out a large sum when in fact they might have chosen to fight the case.

 

That's why, even if you run into the back of the car in front and it's very obviously down to you, it's not a good idea to get out and say 'sorry - it's all my fault'! Your insurers won't be very happy with you if you do.