Football Blog: Accident Claims Payout Due to Faulty Football Boots

Football Blog

I was out shopping a few years ago, walking along the Kings Road, a very trendy shopping area in London with my wife and newborn. She was pushing the pram. Unfortunately she tripped on pavement, the buggy with our child shot across the road. In the emergency I shot into the road and luckily was able to recover the buggy, baby safe and secure.

When I returned to the pavement I found my wife buckled up on the floor with her ankle covered in blood. She was in great pain, but not enough to warrant going to Hospital. I had heard of consumers making claims to the local council. She was adamant it was her fault and that she had not been looking where she was going. Her injury cleared up in a few days, no damage was done. She made no claim and did not instruct a lawyer and in her opinion no damage was done.

I think she should have claimed. Not really for the cash award but more to 'force' the council to fix the pavement. They have a duty of care I believe to keep things in good order. In any event we did nothing. Did we do the right thing?

On another occasion I was given the wrong drugs by a pharmacist, they gave me ´uppers´ when I should have had pills for Cholesterol. I had been advised that my medication was going to change to a different pill by my doctor, so I did not question the change when I received the packet. Needless to say I lost two days of my life, spent a lot of time in Hospital and got arrested by the Police on the basis that I had a drug problem. We resolved that I did not and I was released! The drugstore said nothing. The local care trust were powerless and compensation would not be forthcoming unless I had actually died. The opinion was that the max claim I could make was for three days lost employment - the legal costs would have been higher! I think that is wrong.

On another occasion, this year, I spent most of Easter in hospital because I had been mis-diagnosed with Bells Palsy, where in fact I had a mild infection. I was given Steroids - correct for Bells Palsy - incorrect for a mild infection. A few days later I was admitted into accident and emergency with a temperature of over 40. It took them too days to calm me down and caused me to be woken every three hours for regular blood tests. It also took them too days to get to the route of the problem.

No one would say anything to me I think for fear of me taking legal action against the doctor who misdiagnosed my problem. So eventually they realized that my mild infection had turned into cellulitus and prescribed accordingly, several days later I was released from hospital. I have to admit I was relieved to be out alive. Nearly everyone expected me to sue, I decided not to, I decided that anyone could make a mistake and I was unlucky enough to be on the wrong side of it. Positively, it gave me time away from the computer(!) and strangely I found the whole event strangely relaxing and had the opportunity to see the inner workings of the local hospital. I felt good.

I have heard of people being burned due a coffee spillage who as a result suffered burns and successfully sued a major food retailer in the US. Congratulation for their reward, but as a result the world has to suffer warnings on the packaging - be careful contents are hot and may burn... This to me has helped create a nanny state. I notice too that when you buy Champagne in the US that there are warnings about corks and how they can cause damage - no kidding! Again this perpetuates the nanny state and is beyond me.

However, there is a time and a place when, in my opinion, making a claim as a result of accidental damage or faulty goods is appropriate, as the story below unfolds, this to me, is a reasonable situation. The damage sustained was substantial and the behaviour of the company was reprehensible..

An undisclosed four figure sum was paid out to a Sunday league footballer who was seriously injured because of faulty Adidas Predator Pulse football boots that cost just 120.

Mr Mike Ellis had his leg in a splint for 12 months after he was injured whilst playing in a veterans' game.

Mr Ellis was left in agony after he twisted his leg and ruptured his Achilles tendon because one of the studs on his boots snapped. As a direct result of the accident he had to have intensive physiotherapy.

After Mr Ellis returned the boots, Adidas offered 50 in compensation and to replace the boots. Mr Ellis instructed solicitors to pursue a claim for compensation as he felt that the offer was inadequate given the pain and suffering which the boots had caused. Adidas subsequently agreed to an undisclosed four-figure sum as compensation for his injury.

Mr Ellis, 46, had played football for many years and was convinced of the rightness of his claim. His case demonstrates that taking legal advice can help to achieve a compensation award that is commensurate with the pain and suffering experienced.

Accident compensation claims can be made for all types of personal injury such as:

Claims for Childrens' injuries suffered on the way to and from school, at school or while out
Claims for Simple whiplash to serious spinal or head injuries sustained in all types of accident
Claims for Occupational injuries suffered in accidents at work
Claims for Industrial diseases such as asbestosis and mesothelioma resulting from exposure to toxic asbestos
Hospital accidents claims as a result of medical negligence.

I could have made a claim myself recently as a result of medical negligence, but I am so pleased to have survived with no lasting injury, that I am going to accept that this was the result of a genuine error of judgment on the day.

Please visit the Pattinson Brewer site if you have any accident claims you would like to discuss. Pattinson Brewer are lead solicitors who specialize in accident and medical claims acting on a no win no fee basis call 0800 988 0777.

Pattinson and Brewer has over one hundred years' experience in winning compensation. They act on a no win no fee basis which means that you will not be faced with a bill for your accident claim, win or lose and you will keep 100% of your compensation.

David White is CEO of Weboptimiser Group, based in London, UK. He is also an author, blogger and public speaker. Please contact him directly on +44 207 953 1123 if you are looking for an event speaker or expert help and advice