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Heel Injury Compensation

Is it possible to claim heel injury compensation after treading on a nail on the floor of a restaurant? The nail went through my shoe and into my heel. It was incredibly painful, and the wound became infected. Will it be worthwhile claiming?

Question:

Is it possible to claim heel injury compensation after treading on a nail on the floor of a restaurant? The nail went through my shoe and into my heel. It was incredibly painful, and the wound became infected. Will it be worthwhile claiming?

Answer:

An injury sustained from a hazard such as a protruding nail from the floor of a restaurant is likely to qualify you to claim heel injury compensation against the restaurants public liability insurance policy. Not only can a nail cause a nasty physical injury, but the risk of infection can be considerable as you found out.

When an injury is sustained in an accident in a public building, the hazard which caused the injury is often hastily removed. Once a risk to visitors has been identified, it is the responsibility of the staff or building owner to remove the hazard to prevent other visitors from sustaining a similar injury. Once the hazard has been removed, the evidence that it existed and caused your injury will be gone.

Since your heel injury compensation claim will require evidence of negligence on the part of the restaurant owner to be collected, it may not be possible to take photographs of the hazard to help substantiate your claim. Evidence must therefore be provided through other means, and eye witnesses who can testify as to the hazard which caused your injury can help in this regard. In a busy restaurant there may have been many people who witnessed your accident and could testify that the hazard existed and caused you to be injured. This is why it is important to record the contact details of witnesses after any accident.

You should also have made a report in the accident book of the restaurant. It is a legal requirement for a restaurant to keep an accident book to record any accidents which occur on site, and any injuries which have been caused. This report will be used as evidence that the accident took place when a claim for heel injury compensation is made.

Any building or place of business open to the public needs to be kept clean and free from hazards which could cause an injury to customers or staff. It is a legal requirement that any place of business has risk assessments conducted regularly, and restaurant owners need to be particularly diligent in this regard. The restaurant owner owes customers a duty of care to ensure that they are not placed at risk of injury, and should that duty of care be breached, the owner of the restaurant will be liable to pay any claims for compensation. A protruding nail from the floor represents a failure in a duty of care, and in your case a claim for heel injury compensation should be possible.

However, it is important that you seek legal advice about recovering heel injury compensation, not only to confirm eligibility to make a heel injury claim, but also to help you determine whether it will be worth your while to do so. Compensation for heel injury such as a puncture wound may not be worthwhile claiming; however the fact that you have had also suffered an infection will increase the heel injury compensation amounts that you are entitled to claim. Once you have an idea of the level of heel injury compensation you are entitled to claim, and are given advice on likelihood of your claim succeeding, you will then be able to make an informed decision about whether it will be worth your while to do so.