polecat Posted November 28, 2011 Share Posted November 28, 2011 No more bike riding for me for a while I had delivery of a woodburning stove today and a well known company dropped it off in a van with no tail lift and not even a sack truck, so it was down to me and the moaning driver to bring a 94KG stove from 3 feet high on the back of a lorry to the ground.The drivers heart was not in it and must have let go a foot from the tarmac and The stove swung me around and twisted my leg so the knee is now all swollen and the crate took out my other ankle.I rang the stove company who said they paid for a tail lift truck and this is not the first time !Not one for the sueing culture but should I have to expect that taking delivery would end in me being injured because the company decided using one driver and a cheaper truck would save them money ?So should I sue the well known (begins with T and ends with T ) company cos I may well now be off work and my Bike for some time ..... Quote Link to comment Share on other sites More sharing options...
Stu Posted November 28, 2011 Share Posted November 28, 2011 hmmm not sure how you would stand to be honest no pun intendedthe driver shouldnt have allowed you to help as your no insured to ring a solicitor Quote Link to comment Share on other sites More sharing options...
keith565 Posted November 28, 2011 Share Posted November 28, 2011 A resounding yes from me. This is happening more and more. We got a new washing machine and driver expected me to help not only unload new machine but help load old one back on waggon. No tail lift. U can guess what I said.You go for every penny u can get. Quote Link to comment Share on other sites More sharing options...
polecat Posted November 28, 2011 Author Share Posted November 28, 2011 hmmm not sure how you would stand to be honest no pun intendedthe driver shouldnt have allowed you to help as your no insured to ring a solicitorIf only I could stand I think the company were mad to put that load on a van with no tail lift and only one operator but at the time I thought he must know what he is doing If I had not helped it would have stayed on the lorry so lesson here for anybody else taking delivery I guess Quote Link to comment Share on other sites More sharing options...
Throttled Posted November 28, 2011 Share Posted November 28, 2011 I would do some research first. Let the company know what has happened and that you are not happy. Then check your house insurance to see if that covers you in anyway. Then see a solicitor, the first consult should be for free. Quote Link to comment Share on other sites More sharing options...
tryme Posted November 28, 2011 Share Posted November 28, 2011 i would of told them im not getting it off the truck/van. tbh you took it upon your self to try and lift iti dont know the ins and outs but i would of definately said i cant lift it sorry and asked for some sort of compo from the company for not using a proper van or lifting equipment thus the item not being delievered as and when it was meant to as theyd be taking it back with them Quote Link to comment Share on other sites More sharing options...
polecat Posted November 28, 2011 Author Share Posted November 28, 2011 i would of told them im not getting it off the truck/van. tbh you took it upon your self to try and lift iti dont know the ins and outs but i would of definately said i cant lift it sorry and asked for some sort of compo from the company for not using a proper van or lifting equipment thus the item not being delievered as and when it was meant to as theyd be taking it back with themI kind of agree with you on reflection but then if they had sent the lorry they should have( and was payed for) none of this would have happend which is what has P'ed me off I guess Lesson learned for next time ..... Do not sign for it until it is on the pavement !!!! Quote Link to comment Share on other sites More sharing options...
tryme Posted November 28, 2011 Share Posted November 28, 2011 very true. although like i said i dont know the ins and outs and if you are injured its up to you to decide. Quote Link to comment Share on other sites More sharing options...
Horseynat30101 Posted November 28, 2011 Share Posted November 28, 2011 i would say yes, especially if it keeps you off work! but tbh i think youd find it hard as you helped, shouldve just said no outright. Quote Link to comment Share on other sites More sharing options...
polecat Posted November 28, 2011 Author Share Posted November 28, 2011 i would say yes, especially if it keeps you off work! but tbh i think youd find it hard as you helped, shouldve just said no outright.I could kick myself now but I would fall over Yeah even the lorry driver was moaning about it being on his truck and in future I will not touch it until its unloaded but As I had taken the day off to be in for the delivery, it never occured to me to let it go back on the lorry to be honest Quote Link to comment Share on other sites More sharing options...
OhJay Posted November 28, 2011 Share Posted November 28, 2011 It doesn't and I think that's what they rely on.I'd say get advice, especially if it's going to keep you off work. I don't think we've got any lawyers round here You shouldn't have, and I'm sure that'll be their defence, but you shouldn't have had to and being the kind, generous, all round good human being that you are you helped out. They shouldn't have sent what they did. Quote Link to comment Share on other sites More sharing options...
polecat Posted November 28, 2011 Author Share Posted November 28, 2011 It doesn't and I think that's what they rely on.I'd say get advice, especially if it's going to keep you off work. I don't think we've got any lawyers round here You shouldn't have, and I'm sure that'll be their defence, but you shouldn't have had to and being the kind, generous, all round good human being that you are you helped out. They shouldn't have sent what they did.That sums up how I feel actually " I should not have been put in that position" cheers Quote Link to comment Share on other sites More sharing options...
techno Posted November 28, 2011 Share Posted November 28, 2011 All you can do is seek legal advice, prob no win no fee is best but personally and most of us would have done the same either way, but not have taken delivery till they brought it on the right truck, as you took it upon yourself then you may find its just tough. Quote Link to comment Share on other sites More sharing options...
megawatt Posted November 28, 2011 Share Posted November 28, 2011 Give it a go mate. The company does have a duty of care to the driver and to you. A decent lawyer should be able to frighten them into an out of court settlement? Quote Link to comment Share on other sites More sharing options...
TC Posted November 28, 2011 Share Posted November 28, 2011 I wouldn't pf helped the guy in the first place. wood burners weigh a ton.You paid for delivery,, thats what you should of had.Like people have said get some legal advice, but as you volunteered to help i think it may reduce your claim. Quote Link to comment Share on other sites More sharing options...
rennie Posted November 28, 2011 Share Posted November 28, 2011 firstly, I hope your knee(s) get better soon!,I have bad knees so I feel for you.secondly, talk to a solicitor, you have nothing to lose. Quote Link to comment Share on other sites More sharing options...
polecat Posted November 28, 2011 Author Share Posted November 28, 2011 firstly, I hope your knee(s) get better soon!,I have bad knees so I feel for you.secondly, talk to a solicitor, you have nothing to lose.Thanks I called national accident people and they recon the company failed in their duty of care to me and were reckless.I realise I should not have helped the driver but he should also not allowed me to handle the item without proper health and safety considerations (as opposed to "helping me to unload it" )Got to go get a medical report tomorrow.Not so much bothered about compensation but sure would like the delivery company to accept what they did is wrong and I just hope I can get back on my new Bike soon Quote Link to comment Share on other sites More sharing options...
polecat Posted December 12, 2011 Author Share Posted December 12, 2011 just for those in a simalar position .....I have been to a solicitor and they said they are going to take it on as they can not see how they can loose.I hate the sue culture but I have been out of action for three weeks and I am getting really Grumpy No win no fee has an insurance required (after the event) which covers you if you loose and have to pay all the other sides fees.A good firm will pay this on your behalf so be aware some ask for money up front for the policy !Win or loose I wont have to pay a thing so its out of my hands now just need to hope I can get on my bike soon . Quote Link to comment Share on other sites More sharing options...
Throttled Posted December 12, 2011 Share Posted December 12, 2011 Please update this as it progresses and do not feel guilty, you were hurt and they are responsible. Quote Link to comment Share on other sites More sharing options...
polecat Posted December 12, 2011 Author Share Posted December 12, 2011 Please update this as it progresses and do not feel guilty, you were hurt and they are responsible.Thanks I'm going back to the fracture clinic tomorrow so may have more idea whats happening Quote Link to comment Share on other sites More sharing options...
Chrissb6 Posted December 12, 2011 Share Posted December 12, 2011 Bet they did'nt put in on the truck by hand ! HSE have lifting guide lines and clearly they have not been followed. The driver should not have even tried to off load it, never mind asking you to assist. The company will wash there hands of it and probably blame the driver should you try to claim. Seek legal advice its a dog eat dog world !! Quote Link to comment Share on other sites More sharing options...
polecat Posted May 29, 2012 Author Share Posted May 29, 2012 Been a while but just a little update for people in a simalar situation !Since my last post on this matter I have been to 3 hospitals and a physio clinic x3 ,and have seen 4 specialistsMy knee seems ok now despite a bit of bone floating about that was broken off.The company responsible admitted full liability ! they neglected in their duty of care to me and broke several health and saftey rules.Did you know that when you get a delivery, your home becomes a workplace in the eyes of health and saftey !Anyhow a few weeks ago I had to go for a full medical report with a GP and that has to be sent off to the company before any award is made, so no closure yet but as I said before its not about money its about the atitude of the company after the accident and they needed to learn from it ! Quote Link to comment Share on other sites More sharing options...
nman1 Posted May 30, 2012 Share Posted May 30, 2012 Seems to me like you could do with some GENUINE comp, unlike some of these whiplash claimants. Good luck and hope all goes well. Quote Link to comment Share on other sites More sharing options...
klingelton Posted May 30, 2012 Share Posted May 30, 2012 I'm glad you're on the mend. maybe put that cash to a new set of summer leathers and enjoy the sunshine! Quote Link to comment Share on other sites More sharing options...
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