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Can we seriously get done for this?

I was stopped on my way to school this morning by the paper boy. He said something like 'when are you going to sort your garden out'? (atm, we have no proper steps; we just have breeze blocks) Not actually realising who he was, I told him it's got nothing to do with him. He then said something to me like 'If I injure myself whilst I'm delivering papers, I can get your family done for this'. He then said something like 'I won't deliver your papaer anumore; I'll just leave it in your garden'. (Where all the mud is)

I explained this to my dad, who went out into the garden and jumped up and down on the steps to prove that they're safe. He told me that the builders (who sorted the steps out) KNOW that it's safe to walk up & down the 'steps'. Also, no-one else has actually complained.

My dad spoke to this boy and ended up swearing at him (because he'd threatened me) and threanted to phone his supervisor. My dad phoned up the supervisor and explained the situation. The supervisor came around to check what state the steps were in and asked me to tell her exactly what this boy had said to me.

So, my question is, if the boy does injure himself, can we be actually be done for this? Bearing in mind that the builders have tried to make the steps as safe as possible and no-one else has made any complaint.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Doubt it. He has a duty of care under Health and Safety law as well.

    Why can't you sort out the steps? :confused:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    We can sort out our steps, but we have to sort gas pipes or something first.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You do have a duty of care towards people on your property, and if the steps are in a dangerous condition then you can in fact be sued for damages arising out of that dangerous condition.

    Whether what you have is a dangerous situation or not is open to argument. Without seeing the site I certainly wouldn't want to make a judgement. Though if a professional builder believes they are safe then I would say that would go a long way to rebutting any claim.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Put a free standing post box at the bottom of the steps...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    What a wimpy paperboy. 'ahhh! breezeblocks!'

    Sorry for the useless reply. Other than - Kermit's right, you can get sued if he injures himself on your property because it's unsafe, but like he said, if he injures himself it's not automatically your fault, the safety needs to be assessed.

    I suspect in reality he's going to get a telling off from his supervisor, and you wont hear anything from him again. If you want to make sure you dont get sued you have to prove in court that you took appropriate steps to make sure the 'danger' was made safe, whether thats putting up signs, putting down bubblewrap all over the place, etc. etc.

    But then again, if you put up a sign, it could be interpreted by a solicitor as proof that you knew the steps were unsafe, yet you allowed the poor innocent paperboy to use them anyway, who couldnt walk for like, 3 seconds, whilst he cried over his poorly ickle knee.

    I will stop belittling him, but seriously, it makes me wonder either a) how bad your garden is or b) how much this boy likes moaning!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    You do have a duty of care towards people on your property, and if the steps are in a dangerous condition then you can in fact be sued for damages arising out of that dangerous condition.

    They're actually not in an unsafe condition - considering my dad managed to jump up & down on the steps yesterday. His supervisor came around yesterday to have a look and didn't say anything about them being unsafe or anything.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Fair enough if they aren't, but don't think that because it's your property he can't sue you for injury- he can.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Forgot to mention last night that when his supervisor came around, my dad told her that he didn't want this boy delivering our papers ever again... (whether they've said anything to the boy or not, I don't know)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    can you su the paperboy for causing you and your family undue stress and hassle? i'm pretty sure you can.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    softworld wrote:
    can you su the paperboy for causing you and your family undue stress and hassle? i'm pretty sure you can.


    haha sorry but isn't that a bit daft.

    i'm sure in todays society she could. but...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    softworld wrote:
    can you su the paperboy for causing you and your family undue stress and hassle? i'm pretty sure you can.

    But it's his words against mine...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote:
    Forgot to mention last night that when his supervisor came around, my dad told her that he didn't want this boy delivering our papers ever again... (whether they've said anything to the boy or not, I don't know)


    have you thought about changing the shop that you get your paper delivered from?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    have your docter show that it caused your father un-needed stress when the paperboy was arguing.
    Maybe threow in a bit of Degredation to your Character for saying your steps are not up to scratch.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    have you thought about changing the shop that you get your paper delivered from?

    Don't think my dad knows which shop it is. I think he did (or is thinking about) ringing up and cancelling altogether and going to the shop himself to get the paper.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    softworld wrote:
    have your docter show that it caused your father un-needed stress when the paperboy was arguing.
    Maybe threow in a bit of Degredation to your Character for saying your steps are not up to scratch.


    they maybe has other worthwhile stuff to do than waste time trying to get a few quid 'cause a little boy said a few things.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    they maybe has other worthwhile stuff to do than waste time trying to get a few quid 'cause a little boy said a few things.

    Indeed. And we can't exactly prove what he said - it's his words against mine. (He has however, basically admitted something to my dad)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote:
    Indeed. And we can't exactly prove what he said - it's his words against mine. (He has however, basically admitted something to my dad)

    :)

    i wasn't trying to play down that he was rude to you but i'm sure you'd agree it's hardly worth trying to claim compensation over. i am however sure that in todays society you'd have a case!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    not quite to do with this, but we have different people delivering our paper all the time but they all seem to be as thick as each other. we have a box outside the door for post because our dog always jumps up and gets it and rips it to bits. we also have a sign on the door asking for post to be put in the outside box. as well as that, we glued the letterbox up. but STILL they insist on shoving the paper through the door every single day. which means every day we have a ripped paper and have ro glue the letter box up again. is it really that hard to put the paper in the box?!!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kat_B wrote:
    not quite to do with this, but we have different people delivering our paper all the time but they all seem to be as thick as each other. we have a box outside the door for post because our dog always jumps up and gets it and rips it to bits. we also have a sign on the door asking for post to be put in the outside box. as well as that, we glued the letterbox up. but STILL they insist on shoving the paper through the door every single day. which means every day we have a ripped paper and have ro glue the letter box up again. is it really that hard to put the paper in the box?!!

    I was a paper girl. Trust me, we don't read signs, we just look for the letter box and head towards it. Maybe attach a nettle to the letterbox so they get stung? Soon put them off :D
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just in defence of the paperboy, if you went to mcdonalds and fell over a dodgy floor and hurt yourself, I bet you'd be peed off too :p
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Put up a sign "Careful of the steps" , Jobs a goodun.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just in defence of the paperboy, if you went to mcdonalds and fell over a dodgy floor and hurt yourself, I bet you'd be peed off too :p

    Fair point, but the steps aren't exactly 'dodgy'...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote:
    Fair point, but the steps aren't exactly 'dodgy'...

    Which is why I was ridiculing the pansy paperboy earlier on :p.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    noog wrote:
    Put up a sign "Careful of the steps" , Jobs a goodun.

    And how many people actually take any notice of any signs?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    if you place it in the right place then most people i'd imagine.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    if you place it in the right place then most people i'd imagine.
    :lol:

    You're all taking this rather seriously for a couple of dodgy brieze blocks. The paperboy is obviously the sensitive type, which should have been beaten out of him on the rugby pitch at school.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just in defence of the paperboy, if you went to mcdonalds and fell over a dodgy floor and hurt yourself, I bet you'd be peed off too :p

    Yeah, but if I went to McDonalds, saw there was a dodgy floor, pointed it out to the staff and then came back the next day and tripped over it- that would be my fault. If the paperboy thinks the steps are too unsafe for him to walk on then he should not walk on them!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    katralla wrote:
    Yeah, but if I went to McDonalds, saw there was a dodgy floor, pointed it out to the staff and then came back the next day and tripped over it- that would be my fault. If the paperboy thinks the steps are too unsafe for him to walk on then he should not walk on them!

    McDonalds would still be liable. Perhaps even more so :chin:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kermit is nearest.

    there are two heads of claim in civil law applicable to your position. First the law of negligence. Let's start with the basics. you are the employer, the paper boy is your employee or certainly the agent of your employer. so in that respect you must make sure YOUR premises are safe for him to deliver the paper.

    in civil law for negligence, you are the occupier of premises, and your paper boy is your lawful visitor - invited onto your premises only to deliver papers. for example where he to trip on the hose pipe around the side or whilst peering into your front room to see if you were in tripped on a gnome :| then he would be a tresspasser. nevertheless you still have duties towards him. The duty is to make sure the premises are reasonably safe for the purposes for which the visitor is invited. so providing the steps are reasonably safe and probably this could be shown with evidence that YOU (not the builders) have made all possible efforts to make the prems reasonably safe then youshould be fine.

    Alex
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