So where do we stand now the Police can sue us if injured on our property ?

[BBH]

I have to admit to being totally shocked by recent events and Officers suing property owners when on a call out.

I would now be very unlikely to call out the police unless it was absolutely essential ie murder. Anything else I'm not sure I'd bother if it was on Private property.

Whats the point of calling the police about say a £2k burglary if they trip over and sue you for £10k.

I know its rare at the moment but I think we need some clarity on this. Do the police not have public service liability insurance for example.

Also the police turned up at my yard at 5am last year asking me to stable a loose horse. I was happy to help of course but now I'm not so sure. Even though I hadn't asked them in what if I hadn't had time to go around checking no buckets, or mucking out forks were lying around etc etc to trip over or puddles for them to slip in.

I've no doubt the majority of officers think this suing thing is ludicrous but how does the general public protect themselves against one that things its a meal ticket.

 

[Polos Mum]

Bad apples in every line of work sadly!

This is what our essential public liability insurance is for - in our home insurance

The wouldn't sue if it was joe public that had to cough up the £10k, but as it's the insurance companies they are perceived to have deep pockets - hence it's worth a try (even though ultimately we do pay through higher premiums!)

 

[RunToEarth]

Also the police turned up at my yard at 5am last year asking me to stable a loose horse. I was happy to help of course but now I'm not so sure. Even though I hadn't asked them in what if I hadn't had time to go around checking no buckets, or mucking out forks were lying around etc etc to trip over or puddles for them to slip in.

Mad as it seems, you have a duty of care to everyone who is on your premises, whether you invited them there, or whether they are trying to steal the rugs off of your horse's back. If they get injured you essentially are liable, and have to prove you took reasonable steps to ensure your property was hazard free.

It is sad to think that members of the police have acted like this, it will mean less crime will get reported, and as a result more crime may be committed.

 

[Nats]

Don't panic just yet! This story has been stirred up by the press, and is very unlikely to make it to court IMO. Police officers are issued with torches for a start. The ONE officer in question broke her wrist and was losing out financially while off work, so asked if there was a way to claim back her lost earnings and was told to sue the garage owner This action has been as unpopular with the police as it has with the public. As long as you're not clearly negligent or acting maliciously (e.g. drug houses booby-trapped with exposed live electrical wires - yes, it happens ) I doubt you'd be found liable. And even if the PC sues successfully, the government will rush through emergency legislation to stop it happening again.

 

[AdorableAlice]

The media has a lot to account for in my view.

Having been forced to stay at home and watch endless tv recently, it seems that every other advert, regardless of channel, is for a 'accident company'. The adverts are almost encouraging people to invent accidents and claim for them.

In 2010 my car was demolished by a lorry whilst parked outside my home. No one was in it at the time. My insurance dealt with my claim at great cost to me. I was then inundated by calls from numerous accident companies, several of which suggested I could say I was in it. These calls are still coming in three years after the event. The third party that hit my care left the scene so just who is to be claimed against.

The industry wants regulating and quickly.

 

[luckyoldme]

I read about this case and read some of the comments it generated.
I think many of her colleagues would be dismayed at her claim and feel betrayed by her action.
The pictures of the officer also sparked a lot of unkind comments suggesting that her lack of attention to her own health may have contributed to the fall.
If I was in her position at the moment I would be feeling pretty miserable ........... She needs to be very thick skinned to deal with all the bad press.

 

[Adopter]

I think it is very odd, people do get injured in the course of their work, and usually sue the employer, (Industrial injuries etc) and then if it is not settled can go to court. Why was she not aware of this, who told her to sue the garage I wonder, it is odd she did not know about the other options, and I wonder why her solicitor did not explain them to her. She might have been better informed if she had consulted the police federation/union or a specialist employment lawyer.

I have public liability on my household insurance, as we have a public footpath running up our drive part way.

 

[Polos Mum]

As runto earth rightly points out though everyone needs sensible third party liability.

As the law currently stands if a burgler/ rapist breaks into my home in the middle of the night and trips up over something I've left on the stairs and breaks his arm - I (yes that's correct ME) am liable for his injuries !!!

True unlikely he would get much sympathy in court but technically that is the law!!

 

[foraday]

As others have said!

Yep anyone coming on to your premises can sue if injured-dustbin men, postman/woman, delivery driver, window cleaner etc.

Normally if they are self employed they 'should' have their own accident and illness insurance to claim on, now although they won't be claiming from you the INSURANCE company COULD do a claim if they felt you were negligible.

The press have a lot to answer for in the police case.

But role reversal, if you had been injured in your line of work and had been out of pocket a lot and now falling behind in mortgage and other bills and your employer just gives you 'sick pay' would you be able to live?

Does cross over with the Iain Duncan Smith comment that he could live on £53 a week!!!

It is the stupid claim culture we are living in, sue and be sued.

Very soon you will need to put up signs at the start of your gate in every language possible, braille, sign language video etc at every possible hazard!

 

[zaminda]

I would have been very surprised if she was losing out financially while off work, surely she gets full sick pay like every other public sector worker?!

 

[Goldenstar]

Well there's a world of difference between taking a case to court and winning it any one injured on your property has to prove that you where negligent in the way you acted , a burglar tripping over something in the dark is unlikely to be able to do this.
In the case of the police officer the garage is a public place and as such viewed slighly differently however lets see if she wins first before seeing it as the end of the world as we know it.
However I have no respect for people who behave like this.

 

[BBH]

Well there's a world of difference between taking a case to court and winning it any one injured on your property has to prove that you where negligent in the way you acted , a burglar tripping over something in the dark is unlikely to be able to do this.
In the case of the police officer the garage is a public place and as such viewed slightly differently however lets see if she wins first before seeing it as the end of the world as we know it.
However I have no respect for people who behave like this.

I see what you are saying but its not just whether she wins the case, its worrying that some solicitor somewhere thinks its a case worth taking on irrespective of money grubbing and the hassle, distress and inconvenience for the property owner for the whole length of time it takes to come to court.

I very much hope this issue is put to bed by someone like the Home Secretary so that people aren't dissuaded from calling the police.

 

[Polos Mum]

However I have no respect for people who behave like this.

Agreed absolutely - nor I would guess do many of the other people in the force who put themselves in harms way (on and off duty) regularly as part of their duty to the public.

 

[Goldenstar]

I see what you are saying but its not just whether she wins the case, its worrying that some solicitor somewhere thinks its a case worth taking on irrespective of money grubbing and the hassle, distress and inconvenience for the property owner for the whole length of time it takes to come to court.

I very much hope this issue is put to bed by someone like the Home Secretary so that people aren't dissuaded from calling the police.

The only person responsible for taking this case forward is the police woman herself the solicitor no doult sees it as interesting their view on things is different.
The main thing is if the garage owner is properly insured he justs let's the insurer get on with it and does not let it upset him.
If it dissuades people from calling the police when they need them that just
makes them as stupid as this police officer.
I hope she has a thoroughly miserable time at work but hey ho she probally will sue for that as well.

 

[bonny]

According to the bbc, so it must be right ! police officers have won £80 million in compensation claims over the last 4 years and there is a 24 hour manned help line for them to call if they are injured at work. The world has gone mad ......

 

[SecondLifeOnHere]

According to the bbc, so it must be right ! police officers have won £80 million in compensation claims over the last 4 years and there is a 24 hour manned help line for them to call if they are injured at work. The world has gone mad ......

Whilst I for one am not in favour of the claim 'culture' currently running wild, in the case of the Police, I feel slightly different purely due to the nature of their job. Whilst the majority would, I feel, take it as part of the nature of the role when joining, they are, again, by nature far more likely to be at risk of harm. I've not read anything about the case, but to my knowledge most officers buy their own torches (boots etc for that matter). I would hope that a degree of common sense would be invilved, but if one were, say, assualted and injured to the degree they were off work over and beyong their 'sick pay', why should they lose out personally? I'm not aufait with the in's and outs of the Police Federation, so something might be in place.

 

[bonny]

The 2 recent high profile cases were not of police officers being assaulted but they both tripped up.

 

[lachlanandmarcus]

It's now emerged that the police woman in question has already also been subject of a large payout by the police themselves after she made a claim against them too.

Just a hint, if you want to report a crime, might be worth asking that this particular PC is NOT tasked to attend your property.....:-(((

 

[mynutmeg]

I would have been very surprised if she was losing out financially while off work, surely she gets full sick pay like every other public sector worker?!

If police are anything like nurses they get a base rate pay which is used to work out their sick pay but then when they work unsocial hours 'enhancements' are added on which can be as much as 50% more than the base rate pay depending on whether it's nights etc, so on sick pay she will be loosing all the enhancements and they make up a significant amount of this sort of person's pay every month - not saying she's right to claim, but this may well be why she is losing out financially.