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Slipped walking around swimming pool

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  • Slipped walking around swimming pool

    In June my wife, who at the time was 78, slipped and fractured her left wrist whilst walking around the swimming pool at a local hotel when she attended her aqua arerobics class.

    At the time there were no mats on the floor on that section and at least one witness she has will state there was more water on the floor than normal. There are general warning signs in the pool but there were no specific signs (the yellow traingles often used) on the floor to indicate an excess of water hazard. According to the general manager of the hotel who saw my wife having coffee in the lounge with friends a few days later there was no legal requirement for the hotel to have mats as the floor was anti slip treated.

    My wife has lodged a claim which is being dealt with as part of our house insurance so there is no fee as far as we are concerned.

    The solicitor acting for my wife has just written to her to say that the other party, not surprisingly, have written to say that they will not accept responsibility because:

    The surround of the pool was foreseeably wet and therefore due care should have been taken

    The solicitor has requested all documents from the other side and will update in due course and I expect these will include records as to when the pool surround anti slip treatment has been applied, amongst others.

    Although we have not been asked to respond to the letter we feel we should make our views known as the reason given by the other side is a statement of the blindingly obvious . My wife has been going to the aqua arerobics class for over 20 years and most of the members range from their mid sixties upward so none of them would be running around and failing to take due diligence. Had there been mats on that section of the pool surround my wife would most likely not have fallen and despite what the general manger told her mats were laid a few days later.

    My question is whether the reason given by the other side is a satisfactory denial of liability i.e there was water on the floor so you shouldn't fall under any circumstances, and what wording could we use in our reply to my wife's solicitor that would highlight how pathetic we think the denial is.

    Thanks
    Tags: None

  • #2
    Re: Slipped walking around swimming pool

    Hi Old wrinkly,
    Sorry to hear of your wife’s fall. I hope she’s recovering ok?

    At this stage I would sit tight and wait for the various documents to come from the defendant.
    Unfortunately slipping accidents can be difficult to prove particularly in the circumstances you state, swimming pool location and the fact they allegedly have anti slip flooring in place. It is not common for a slip test to be carried out, but may be an option if the documents that are provided concerning the floor covering used are lacking. You should expect to receive documents about the flooring, when it was laid, how it is maintained, cleaning rosters, documentation of when checks are carried out, pool area monitoring etc.

    Can your wife get photos of the ‘mats’ that have miraculously appeared since her fall. Keep a note of when the mats were put down and let your solicitor know. It is not going to make the claim easy to prove but may assist if the defendants insurers take a view further down the line to settle.

    I don’t want to give the impression they will take this course of action, it will depend on what methods they have in place, what they could have done and whether any possible solution was reasonable in all the circumstances.

    Let your solicitor advise you but we’re here if you need any further support or have any queries we may be able to help with.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Re: Slipped walking around swimming pool

      Thanks Peridot. Been laid low with the Australian Flu Virus for last two weeks and this has given me a chance to reconsider things. You are advice as always is helpful and will now wait until solicitor responds in more detail.

      I agree that slipping accidents are difficult to deal with but hopefully when we get full disclosure we will be able to show that my wife used due diligence and that changes, such as putting down the mats, took place after the accident. Even with anti-slip flooring the water needs to be controlled.

      Regards

      Comment

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