Insurance claim.

Quote:

---

Originally Posted by LandyAndy

Before you go too far down the legal track,make sure that there isn't some clause saying you use the ramp at your own risk.
Andrew

---

I am not a lawyer, but I am pretty sure there is a huge body of case law in Australia that says you can put whatever you want on a sign, but it doesn't absolve duty of care to a level that would normally be expected.

e.g. if you slip over on a slippery boat ramp and injure yourself, it would probably be treated in the same way as this case (if there was a sign).
Can a sign - swim at your own risk - protect against personal injury claims? - Lexology

However conversely, it has been shown that signs like this:
http://i.imgur.com/Erkkbe5.jpg

https://www.aulro.com/afvb/images/im.../2016/09/1.jpg

Do not absolve liability or duty of care.

That said, QLD law is a strange beast, and is often significantly different from the rest of AU.

Not having a crack at Boxhead,or you lot who have taken me to task.
What ever happened to taking your actions into account.
In this case thongs on a boatramp,yep Ive done it too,even fell over once and injured my bad back.
Andrew.


PS Ben is your inbox full??? I sent you a pm some time back about truck brake drums for your pleasure block;);););)
Andrew

Quote:

---

Originally Posted by LandyAndy

...
What ever happened to taking your actions into account.
In this case thongs on a boatramp,yep Ive done it too,even fell over once and injured my bad back.

---

Agree completely. If I was in the situation I would chalk it up to my own stupidity.


Replied to your pm. Sorry saw it whilst I was very busy and then forgot.

This may help.

Personal injury - Legal Aid Queensland

Quote:

---

Originally Posted by isuzurover

As above, the advice to get a solicitor is a good one, but beware that the fees will mount up.

As a relevant anecdote, a company I worked for when I was a uni student had someone claim they had chipped a tooth on some food that the company had sold (claim was for dental work).
The claim was clearly spurious, however our insurance company insisted on paying out, as they said for claims below $X it is not worth their time fighting it. I think that amount at the time was $5k.

So if you are seeking a significant amount, it would obviously be wise to contact a solicitor.
For a small claim it may be worth doing some research yourself and modifying some stock letter templates you can find online for free (letter of demand, etc...)

---

I am not after a significant sum. At the moment i am using up my annual leave and losing all my allowances. The annual leave because i used up 2 months of accrued sick leave earlier in the year when i had my shoulder replaced and the allowances because they pay the mortgage. I would also seek any further medical costs as there is a possibility of some plastic surgery required further down the track.
Really just my out of pocket expenses.

Cheers
Boxhead

Quote:

---

Originally Posted by LandyAndy

Before you go too far down the legal track,make sure that there isn't some clause saying you use the ramp at your own risk.
Andrew

---

I would probably try to find a solicitor that would accept the case, if there is a case on a "no win, no fee" basis. Therefore i would expect that this would mean that they would check the above out first.
A solicitor once told me " a contract is only as strong as the paper it is written on" In saying that most legal practitioners wouldn't have a job if this wasn't so.

Cheers.

Quote:

---

Originally Posted by isuzurover

Agree completely. If I was in the situation I would chalk it up to my own stupidity.


Replied to your pm. Sorry saw it whilst I was very busy and then forgot.

---

I have now seen the rock that i trod on, it is in the councils possession. Nothing, other than work boots would have stopped it going through the my footwear. Although as you have so eloquently pointed out along with my wife it was rather remiss of me to wearing thongs whilst boating. She has reminded me of this on a daily basis.
I thank you for your advice and candour.

Cheers
Boxhead

I recommend again that you get legal advice.
Many people, including myself, have opinions about the law - most of us are wrong and should be ignored. I wouldn't take my own legal advice.
There are law firms which specialise in personal injury. Your Law Society state branch should be able to produce a list of suitable firms. Often the initial meeting is free as they decide if the case is viable to take on.
Get some good advice.

Quote:

---

Originally Posted by Boxhead63

I would probably try to find a solicitor that would accept the case, if there is a case on a "no win, no fee" basis. ...

---

Read this (I hate the forum's pdf embedding... here is the link, lsc.qld.gov.au/__data/assets/pdf_file/0004/108580/No-win-no-fee-costs-agreement.pdf

: [ame]https://www.lsc.qld.gov.au/__data/assets/pdf_file/0004/108580/No-win-no-fee-costs-agreement.pdf[/ame]

Quote:

---

Originally Posted by DiscoMick

I recommend again that you get legal advice.
Many people, including myself, have opinions about the law - most of us are wrong and should be ignored. I wouldn't take my own legal advice.
There are law firms which specialise in personal injury. Your Law Society state branch should be able to produce a list of suitable firms. Often the initial meeting is free as they decide if the case is viable to take on.
Get some good advice.

---

Just an update for those that are interested: Legal advice has been sought and has now commenced. Advice so far is that a cost recovery action is viable and would be most viable. We'll see where that goes. I was unaware or had forgotten that when I started with my current employer over 8 years ago I took out a salary continuation insurance with the standard 8 week waiting period, 75% of salary and 2 years of payments. When consulting with my HR manager she advised me that I have this cover and to use it. I have since taken her advice and have commenced a claim down that avenue. This is a lengthy and tedious process but will be ok in the end. A funny side to this is I made an enquiry with my boat and trailer insurer as there is a clause in the policy for injury-loss of limb. My foot is worth 5k. I laughed, good and hard.

Since my last post I have been re-admitted to hospital and have been back in for nearly 2 weeks and have had another surgery. This surgery removed approximately 5cm3 of necrotic tissue. When I was seen by the surgeon he advised me of his care plan and surgical plan. He prefaced the surgical plan with the following statement " I think of myself as the All Blacks of foot and ankle surgery but I can't control Mother Nature." He could not have put me in a more mindful position and preparing me for the battle ahead. There will be more than likely another couple of surgeries but for now, we are winning. I receive IV antibiotics 4 times a day and a lot of pain killers and other oral meds. I don't care what is done as long as I keep the majority of my foot.

Onwards and upwards.
Rob:D