Can I claim compensation for falling off a faulty toilet seat in restaurant toilet and hitting my head if the toilet seat has since been fixed?
You could still be eligible to claim compensation for falling off a faulty toilet seat in restaurant. All restaurants have a duty of care towards their customers. This means that while the customers are on the premises a safe environment should be maintained, not just with regards to food safety, but also to make sure that the surrounding area is hazard free. This duty of care also extends to the toilet facilities. Sustaining an injury from a toilet seat that was faulty suggests a demonstration of negligence on the restaurant’s part. However, it may be difficult to prove that the restaurant is responsible for your head injury if you did not report it to anyone or gather evidence afterwards.
If you did manage to gather any evidence after the accident in a manner that did not exacerbate your head injury then you could have a strong falling off a toilet seat claim. Having a camera phone is very common these days and they should be taken advantage of in situations like this. Taking a picture of the defective toilet seat surrounding area and also anywhere that your head injury was evident would be solid proof of your injury from a toilet seat that was faulty. Medical attention should always be a priority after sustaining any injury, even if it doesn’t seem serious and even if you received first aid treatment from the restaurant. It is always good to get a professional doctor’s opinion. It will help protect your injury from worsening and also provide a record for when your injury was sustained. If you haven’t already you should make a report in the restaurant’s “Accident Report Book”. Include the names of any staff members who may have provided help after the incident and also the names and details of any other customers who were in the toilet at the time. Retain a copy of this report and present it to your lawyer and they will use it when assessing your claim for compensation for falling off a faulty toilet seat.
You should make sure to contact a personal injury claims lawyer as soon as possible to discuss the particular circumstances of your falling off a toilet seat claim and to find out what your options are. They will be able to assess whether or not you have enough evidence to establish the negligence of the restaurant. They will also take into consideration the severity of your injury, any costs incurred as a result and the impact it has had on your quality of life. They will inform you of whether or not your claim is viable, and if they consider it to be then they may offer to represent you in claiming compensation for falling off a faulty toilet seat.