Home owner threatened with legal action....

[TrueBlueTerrier]

http://www.telegraph.co.uk/news/main.jh ... unk122.xml

A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.

Joy Goodman, a cake decorator, is seeking damages for personal injury and loss of earnings, claiming the top of her right index finger was severed when she delivered the mail. She claims she needs compensation because she is now unable to carry out her intricate job.

But the home owner vowed to fight the case. Paul O'Brien, 44, a self-employed engineer from Leeds, said: "When I received a solicitor's letter I thought someone was having a laugh. I actually told them they had sent it early. April Fool's Day is still six weeks away.

"I just cannot believe someone who came on to my property uninvited, to put junk mail through my door that I didn't want, can now sue me because they hurt themselves."

He added: "There is nothing wrong with the letterbox. I haven't altered it or done anything to it. It's just like every other letterbox on this estate."

Mrs Goodman declined to comment, saying only: "It is in the hands of my solicitors."

A law expert said that householders had limited duties of care to people who went on to their property such as delivery people or postmen.

These duties of care include not having such things as bare electricity cables sticking out, but were not likely to extend to a letterbox providing it was a standard model.

[rhino49]

I suggest she sues the people she was working for because she was not trained properly - our walk logs contain a warning not to put any part of your hand into a letter box. Some independent leaflet distributors must be aware of this danger because they leave their leaflets everywhere but the letterbox or they are left hanging out of it.

[baldrick]

I think she may have been delivering leaflets about her own cake decorating business.

[rhino49]

I think she may have been delivering leaflets about her own cake decorating business.

Won't need any red dye for the icing then !!!

[Carnoustie]

I think she may have been delivering leaflets about her own cake decorating business.

Lucky they didn't write a shorter version of the story, e.g.

.... the top of her right index finger was severed when she delivered the mail. Mrs Goodman declined to comment, saying only: "It is in the hands of my solicitors."

[mailsort6]

What a load of rubbish, this lady invited herself onto this man's property, he did not tell her to deliver any leaflets to his house, why should she sue him?

[baldrick]

I think that legally you do have a duty of care to anyone who lawfully is on your property.

[rhino49]

I think that legally you do have a duty of care to anyone who lawfully is on your property.

I think that the duty of care may have been demonstrated by the fact that the customers postal deliveries on a daily basis have been conducted for some years without incident (afaik). This is like suing a hammer manufacturer because you hit your own thumb with it - it's down to a lack of care by or training of the delivery idiot involved.

[TrueBlueTerrier]

I think that legally you do have a duty of care to anyone who lawfully is on your property.

But as the lawyer says so long as he has not modified the letterbox, or its an non standard one, or its damaged and he has not repaired it then he should be ok. Mind you if HSE hear this we may be wearing these soon

[Shiggaddi]

This reminds me of the time, when someone delivering leaflets for Safeway (before they became Morrisons) got sued because they had delivered unsolicited mail, and the dog jumped up to grab the leaflet and it somehow damaged the dog, and the dog needed lots of vets treatment etc. The homeowner then sued Safeway for coming onto their property uninvited and causing damage to their dog.

Perhaps if this case does go to court, the homeowner can then sue either the letterbox manufacturer for fitting an unsafe letterbox, or counter sue the woman for tresspass and causing damage to the property resulting in injury.

Anyway, at least the postie didn't get an injury by delivering the solicitors letter!!

[brothermagrew]

http://www.telegraph.co.uk/news/main.jh ... unk122.xml

A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.

Joy Goodman, a cake decorator, is seeking damages for personal injury and loss of earnings, claiming the top of her right index finger was severed when she delivered the mail. She claims she needs compensation because she is now unable to carry out her intricate job.

But the home owner vowed to fight the case. Paul O'Brien, 44, a self-employed engineer from Leeds, said: "When I received a solicitor's letter I thought someone was having a laugh. I actually told them they had sent it early. April Fool's Day is still six weeks away.

"I just cannot believe someone who came on to my property uninvited, to put junk mail through my door that I didn't want, can now sue me because they hurt themselves."

He added: "There is nothing wrong with the letterbox. I haven't altered it or done anything to it. It's just like every other letterbox on this estate."

Mrs Goodman declined to comment, saying only: "It is in the hands of my solicitors."

A law expert said that householders had limited duties of care to people who went on to their property such as delivery people or postmen.

These duties of care include not having such things as bare electricity cables sticking out, but were not likely to extend to a letterbox providing it was a standard model.

Came across the following case history from Simpson, Millar Solicitors. Seems they successfully argued in Court a breach of the Animals Act 1971.

A post lady bitten viciously by a dog.
A post lady delivering mail was bitten viciously by a dog. As she was struggling to post a letter through the middle finger of her right dominant hand was bitten by the dog resulting in an amputation to the tip. We obtained a report from an Animal Behavioural Expert and we argued breach of the Animals Act 1971. The claimant received £3,000.

[Shiggaddi]

http://www.telegraph.co.uk/news/main.jh ... unk122.xml

A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.

Joy Goodman, a cake decorator, is seeking damages for personal injury and loss of earnings, claiming the top of her right index finger was severed when she delivered the mail. She claims she needs compensation because she is now unable to carry out her intricate job.

But the home owner vowed to fight the case. Paul O'Brien, 44, a self-employed engineer from Leeds, said: "When I received a solicitor's letter I thought someone was having a laugh. I actually told them they had sent it early. April Fool's Day is still six weeks away.

"I just cannot believe someone who came on to my property uninvited, to put junk mail through my door that I didn't want, can now sue me because they hurt themselves."

He added: "There is nothing wrong with the letterbox. I haven't altered it or done anything to it. It's just like every other letterbox on this estate."

Mrs Goodman declined to comment, saying only: "It is in the hands of my solicitors."

A law expert said that householders had limited duties of care to people who went on to their property such as delivery people or postmen.

These duties of care include not having such things as bare electricity cables sticking out, but were not likely to extend to a letterbox providing it was a standard model.

Came across the following case history from Simpson, Millar Solicitors. Seems they successfully argued in Court a breach of the Animals Act 1971.

A post lady bitten viciously by a dog.
A post lady delivering mail was bitten viciously by a dog. As she was struggling to post a letter through the middle finger of her right dominant hand was bitten by the dog resulting in an amputation to the tip. We obtained a report from an Animal Behavioural Expert and we argued breach of the Animals Act 1971. The claimant received £3,000.

£3000 would be worth far more back in 1971, and was probably about the average house price!!

However, the difference between the letterbox and the dog, is that the owner of the dog has a duty to keep the dog under control, whether it's in the park, in the garden, or in the house. Not every house has an animal, however almost every house has a letterbox.