Visitor Question

Dislocated knee after slipping on wet floor…

Submitted By: Nicola (Newcastle Upon Tyne, England)

Me and my partner were looking for a few friends who said they was in this bar in town. We couldn’t find them so we decided to leave. I was walking behind my partner and instantly slipped on the wet floor and dislocated my knee straight away. I was in so much pain but I put my knee back into place.

I was very unsteady on my knee afterwards and when I got outside the bar I stumbled and fell again! My knee came out of place again and I got rushed in an ambulance to the hospital. Now my knee is in a cast from pulling a tendon. I have to wear the case for 6 weeks and get 2 years of physical therapy!

Do I have a personal injury claim?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nicola,

You may have a claim against the bar but before you sign up for any surgery there are a few things you should know.

To begin your personal injury claim you will need to contact the owner of the bar. It’s always best to do so by the UK’s version of what in the States is called Certified letter, RRR-Return Receipt Requested. In the UK the equivalent is sending the letter Recorded with Proof of Posting.

If you don’t know the name of the bar owner, you can just send it to the bar itself at its address.

In the letter recount how there were any number of people in the bar, probably obscuring the floor. Additionally, say you weren’t looking at the floor when walking out of the bar. Most people do not, and have a right to presume the floor will be clear of any slippery substances. Go on to describe your injuries and the need for medical treatment.

Hopefully the bar will send the matter to its insurance company. If they do you will hear from the insurance company’s representative commonly referred to as a Claims Adjuster.

Explain to her the excruciating pain you suffered, the medical bills, if any, you have incurred, and may incur in the future. Ask her to authorize your treatment.

If she does, go ahead with your treatment. Toward the end of your treatment you should present to the Adjuster any medical bills she hasn’t yet paid or reimbursed you for, your out of pocket expenses, such as parking fees, petrol costs, and the like. Ask her to reimburse you for them also.

Finally, ask her to pay an additional amount for your pain and suffering. If she balks at paying because she believes you were drinking, or may have been intoxicated, you may then have to consider finding a Barrister to consult with.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 16, 2011

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