Although the patient may be liable under the Occupiers' Liability Act, I wondered if it could be argued if the employer failed to provide a safe system of work, and therefore liable also.
I used to work in district nursing and we do an OHS screening on every client's home before someone will enter. If the client fails to disclose a risk, they are liable.
Morally I'd just let it go if she didn't have insurance. Especially due to her health issues and going thru a divorce. Clearly if she's got a hole in her home, shes not financially in a good position.
I'm sorry but it's standard training when working in community mental health to risk assess the properties of your patients. I've been to homes that are literally too hazardous to enter due to issues like hoarding or disrepair. It's a really unfortunate situation but if a mentally unwell patient instructs you to 'mind the hole' you wouldn't then reasonably start wandering around looking for it without asking for more information. If this patient had money or insurance, she wouldn't have a hole in the bloody floor.
Can I sue my patient who has mental health issues because I tripped over a hole she told me was there? Presumably this woman had no holiday insurance either. This is what's known as an accident and nobody has to be responsible, hence why it's an accident.
Horrible situation, vulnerable person you need to sue and can’t say No to employer. She wanted money to pay for holiday , not for long term health impact so if it’s a quick buck, shame on you !
If it was concealed then no it's not really her fault. When you say mind the hole you would expect it to be visible to some degree that just making you aware it exists is enough for you to scan the floor and see it. Being under fitted carpet is frankly ridiculous to expect someone to see it. The home owner should have had it fixed before the carpet would be destroyed!
@@Bellybuttonboy1 as the gap is not concealed and is immediately present at the entrance it would be unlikely to be the railway that's at fault. The key part in this case was the hole being concealed by carpet which meant it is not possible to eyeball a gap, meaning if they didn't intentionally point to where the hole is then it's their fault.
![A 'UNIQUE' question for Daniel [LBC Legal Hour]](http://i.ytimg.com/vi/ECNvJ6FL21A/mqdefault.jpg)
![A 'UNIQUE' question for Daniel [LBC Legal Hour]](/img/tr.png)
![I've got cancer and now I'm being pushed out [LBC Legal Hour]](http://i.ytimg.com/vi/1FeOKb2lE6s/mqdefault.jpg)
![My employer scuppered chance of job interview with a bad reference. What can I do? [LBC Legal Hour]](/img/n.gif)
Mental health nurse? Well I think your former patient might need your services again after she gets the compensation bill.
That’s what people have insurance for.
@@ar50000loss of amenity too.
The hole was under a fitted carpet? So there was no visual sign of the hole. No wonder she went flying; that was an accident waiting to happen.
Although the patient may be liable under the Occupiers' Liability Act, I wondered if it could be argued if the employer failed to provide a safe system of work, and therefore liable also.
I used to work in district nursing and we do an OHS screening on every client's home before someone will enter. If the client fails to disclose a risk, they are liable.
A woman who WFH fell over in her own home and sued her employer and won; so you'd think you can sue your employer for this.
Morally I'd just let it go if she didn't have insurance.
Especially due to her health issues and going thru a divorce.
Clearly if she's got a hole in her home, shes not financially in a good position.
I'm sorry but it's standard training when working in community mental health to risk assess the properties of your patients. I've been to homes that are literally too hazardous to enter due to issues like hoarding or disrepair.
It's a really unfortunate situation but if a mentally unwell patient instructs you to 'mind the hole' you wouldn't then reasonably start wandering around looking for it without asking for more information. If this patient had money or insurance, she wouldn't have a hole in the bloody floor.
Common sense really, if someone told me mind the hole I'd go out of my way to determine where it was
If the woman has a pittance on savings then, shed get a pittance.
This sounds like a Looney Tunes skit.
Sounds like she's in the wrong profession
This woman has the morals and ethics of Boris Johnson!
Pontins is closed love
She did tell u about the hole why would u sue you the person u are looking after for it would make things harder if u ever have go to the person house
"you" - it's 3 letters, and not that hard. Try it
"You" is how it's spelt, NOT "u". Hard to take anyone seriously when they don't know basic spelling.
Can I sue my patient who has mental health issues because I tripped over a hole she told me was there?
Presumably this woman had no holiday insurance either. This is what's known as an accident and nobody has to be responsible, hence why it's an accident.
You can't have an accident that no one is liable for. Someone will be liable even if its the person who had the accident.
@@lewiss626who can I see for tripping over my shoelaces ?
@@nifralo2752 Yourself...
Horrible situation, vulnerable person you need to sue and can’t say No to employer. She wanted money to pay for holiday , not for long term health impact so if it’s a quick buck, shame on you !
A nurse ringing up to broadcast that she's a nurse.
greedy woman
“Mind the hole”
*walks into hole*
“Can I sue?”
🙄
Contributory negligence.
If it was concealed then no it's not really her fault.
When you say mind the hole you would expect it to be visible to some degree that just making you aware it exists is enough for you to scan the floor and see it.
Being under fitted carpet is frankly ridiculous to expect someone to see it. The home owner should have had it fixed before the carpet would be destroyed!
Saying mind the hole is not enough to get her out of liability. She should have been more specific.
@@Bellybuttonboy1 as the gap is not concealed and is immediately present at the entrance it would be unlikely to be the railway that's at fault.
The key part in this case was the hole being concealed by carpet which meant it is not possible to eyeball a gap, meaning if they didn't intentionally point to where the hole is then it's their fault.