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geezer466

Wpc Kelly Jones

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I know this story is about a week old and I have searched to see if there was a thread on it but it seems not.

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A policewoman who answered a midnight call to a suspected burglary is suing the man who dialled 999 – because she tripped over a kerbstone.

WPC Kelly Jones is seeking a potential five-figure payout after claiming the owner of a petrol station failed to keep her safe as she investigated the possible break-in.

Her claim that the 999 call exposed her to 'an unnecessary risk of injury' raises new questions about the extent of Britain's compensation culture, and has wide-reaching implications for anyone who calls the emergency services to their property.

This is fecking outrageous..

article-2301650-19034602000005DC-84_306x473.jpg

Surely the police should have kept her safe by not sending her out in the dark and why do the police always send their best athletes to investigate a burglary?

Take it she couldn't see where her feet were due to her waistline being in the way!!!

In this case a quick "dynamic assessment" (H&S speak for "have a quick look around and see what might hurt you before you charge in") by the munter in question would have made her think:

1. It's dark

2. It's a garage, there might be things to trip over

3. I need a torch.

Police are trained to do this sort of "quick assessment" as are all emergency services. They are supposed to check first that they are not exposing themselves to unnecessary danger and to take sensible precautions. A torch in the dark is an entirely reasonable precaution to expect from a supposedly trained officer and I bet Police all over the country are as horrified by this claim as we all seem to be.

I hope it gets laughed out of court and the solicitors (who should be ashamed of themselves for taking this case) have to swallow very considerable costs. In fact I hope it bankrupts the Police federation (their trade union) who are backing this munter in the claim.

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Despite the Mail's drooling over this story as a perfect example of our downward spiral into 'elf and safety hell, in fact all it showed was that this woman and her solicitor are trying it on.

Unfortunately (and scarily) people don't really seem to understand these days that a story in the media about a claim or arrest is not the same thing as an actual result or conviction.

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She's now dropped the claim.

http://www.mirror.co...-victim-1797380

I will take your Daily Mirror Quote and see it with my evening standard one which says the actions is very much still on..

A police officer who launched a bid for damages after tripping on a kerb while attending a suspected break-in at a garage is going ahead with her claim, police representatives insist.

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http://www.dailymail.co.uk/news/article-2304394/Policeman-launches-legal-action-shop-owner-falling-drain-burglary-out.html

A policeman is suing the owner of a burgled shop claiming he fell in a drain while answering the 999 call to investigate the break-in, it emerged today.

PC Richard Seymour is claiming for thousands in overtime earnings lost due to weeks spent in plaster with a torn Achilles tendon after the fall in Horsley, Surrey.

A letter from the policeman's lawyers also complains that the injury meant he missed out on special duties at the 2012 Olympic Games in London.

I'll see your WPC and add in a PC Richard Seymour.

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Not trying to start a conspiracy here - but I'm sure little "incidents" like this are often staged to shape the public's view of what they should expect. This one it seems, is to tell us that TPTB wish to discourage the public calling the police to respond to crime such as burglary.

Domestic violence, such as shutting a door too noisily, is the new crime requiring rapid response from plod.

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I will take your Daily Mirror Quote and see it with my evening standard one which says the actions is very much still on..

A police officer who launched a bid for damages after tripping on a kerb while attending a suspected break-in at a garage is going ahead with her claim, police representatives insist.

In which case I doubt they'll win because of the reasons you highlighted in your first post - that actual Health and Safety law (as opposed to the fantasy in the media) calls for a level of personal responsibility as well as third party responsibility.

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I find it disturbing that someone who is a Police Officer even considered this.

No, she should have gone sick for a year and ended up with Ill Health Retirement!! :blink:

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Apparently she is claiming negligence on the part of the garage owner, claiming that she tripped over the kerb because the garage owner had failed to mark it.

In a test of negligence, the question is asked "did the defendant match the actions of a reasonable person?"

Therefore the question for you, fellow HPCer, is "would a reasonable person have taken the precaution of painting the kerb just in case failing to do so caused someone to trip over it?"

In my opinion this claim is an absolute non-starter. If it wins then every potential trip everywhere will have to be marked.

Sometimes there are things for which we have to accept personal responsibilty.

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In a test of negligence, the question is asked "did the defendant match the actions of a reasonable person?"

I dimly remember from O level law that the case which defined the test for negligence was Donoghue v Stephenson. It sticks in my mind, due to the incident which inspired Mrs. Donoghue to sue Mr. Stephenson (memorable, to put it mildly). The three tests for negligence that the case established were:

1. That the defendant owed a duty of care to the defendant

2. That the duty of care was breached, and

3. That damage occurred as a result.

Assuming that this precedent still stands, it would seem to me that this case hinges on 1. Did the garage owner owe a duty of care to WPC Munter to ensure that the kerb was visible enough for her to be able to see it, without a torch, in the middle of the night and while chasing a burglar? Presumably this question in turn then hinges on the reasonableness test. Given that police officers are (supposedly) trained and expected to chase villains in hostile surroundings, and paid accordingly, one would hope that any sane judge would decide in the negative.

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I'll bet she was wearing "pornstar" stilettos, like those fake police women I saw at a stag do once! :huh:

Sounds very silly to me! :huh:

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No, she should have gone sick for a year and ended up with Ill Health Retirement!! :blink:

And buy a unseen house next to a precarious cliff top edge? Then, probably sue the garage owner for making her buy it and to fish all the bits out of the sea.

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Another one has chucked his hat into the ring....

http://www.dailymail...rglary-out.html

A police officer is suing a burglary victim for £10,000 after allegedly falling into a drain while investigating a break-in.

PC Richard Seymour says he tore an Achilles tendon and spent four months in a cast after the fall during a 4am call-out to the man's shop in March last year.

The 34-year-old officer is now suing owner Stuart Lambley for 'loss of overtime' during his six-month absence from work – despite being on full pay throughout this time.

Fecking unbelievable....

On a HPC note I suspect he relies upon his overtime payments to meet his Mortgage obligations..

An epidemic it seems is breaking out....

http://www.bbc.co.uk/news/uk-northern-ireland-21168310

The owners of stolen cars are being sued by some police officers in Northern Ireland who were injured when chasing car thieves.

It is understood civil claims have been made against the car owners, even though they were not involved in the thefts or crashes.

The officers are claiming for injuries sustained when stopping the cars.

The owner's no-claims bonus can be affected and their car insurance premiums can increase as a result.

:blink:

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The moment that the phrase 'duty of care' got itself firmly wedged in the British consciousness was the moment the world as we know it was fooked.

Slithery ambulance-chasing chancers the b@stard lot of them...

XYY

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According to the Wail, the delightful Miss Jones is also suing her own constabulary over an incident in which a car she was driving skidded off the road and ended up on its side, no other vehicles involved.

http://www.dailymail.co.uk/news/article-2305077/Now-WPC-tripped-999-collect-sues-force-prang-panda-car.html

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  • 245 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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