Legal Q&A: Strong words from our legal ace for Daytona owner!

Q  I work at delicatessen in south London.  I’ve been there about a year or so and always park my Triumph Daytona 675 outside the shop window so I can keep an eye on it.  You can’t be too careful nowadays.

Last week I rocked up to work at 8.30am as normal and regular as clockwork (it was a Monday). The delivery driver Geoff was there unloading a pallet of new stock on the pavement outside the shop. He always delivers on a Monday as Saturdays are super busy and we need to re-stock.  I must admit I don’t particularly like Geoff as he’s from up north and proper grumpy.

I mounted the pavement, as I always do, and attempted to get past the pallet. I reckon I was doing less than 5mph. However, either my foot or my footrest must have caught the edge of the pallet and despite putting my arm out to save myself I couldn’t, and the bike fell onto my foot crushing it. I shouted at Geoff to help, and he rushed over. He and my boss lifted my bike off enough to get my leg out.  However, I quickly discovered that my ankle was seriously broken, and an ambulance turned up while I was laying some f***’s into Geoff.

Two operations later, and I am sat here on the sofa wondering about the claim. My view is Geoff’s employer or insurer will have to pay out because he was negligent in leaving the pallet there in the first place. Do you agree? I have already made a complaint about Geoff to his employer, as I reckon he did it on purpose.

A  In England and Wales, you as the Claimant have to prove on the “balance of probabilities” that: 1) The Defendant has been negligent; and 2) Because of that negligence, you have suffered a loss, or will suffer a loss. So with that in mind, of course Geoff is not to blame you utter idiot.  Are you on drugs? There is no judge in the land who will find Geoff, the delivery driver, negligent for you hitting a pallet on your motorbike. As for why, you had seen it and then rode into it. To be blunt, you are an author of your own misfortune. Lastly, my advice is you apologise to Geoff and tell his boss you are withdrawing your complaint. Take ownership for your own mistake, you clown.

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