Memo: Water Is Wet
By Kickntrue on 12/14/09
I'm so mad I can't even write a good intro to this story... Seriously- read the details then I'll rant.
A golfer who slipped in a changing room shower is suing his club for up to £50,000 in damages - claiming it was “too slippery.”

Anthony Avery, 72, says he has been unable to play golf since the fall at the Rye Golf Club, East Sussex in May 2008.

He claims that the club failed to ensure “anti-slip measures” were taken, and said he had to undergo a £5,000 private operation to repair damaged ligaments to his right shoulder.
Ready. Set. Go.

ARE YOU FREAKING KIDDING ME?! HEY $H*+ BRAIN- SHOWERS ARE SLIPPERY- THAT'S WHY WHEN YOU ARE IN THEM YOU SHOULD BE CAREFUL. SOME WOULD ARGUE THAT YOU'VE BEEN PRACTICING HOW TO TAKE A SHOWER SINCE AGE 10. IF YOU CAN'T HANDLE SHOWERS, PUT ON AN OLD SUIT, DRIVE HOME AND TAKE A BATH. ACCIDENTS HAPPEN- THAT'S WHY THEY ARE CALLED ACCIDENTS! AND NO... I DON'T CARE THAT THEY TOLD YOU THEY'D PUT UP "NON-SLIP" TAPE. YOU SHOULD BE RESPONSIBLE ENOUGH TO ACCEPT WHAT HAPPENS WHEN YOU'RE WASHING YOUR OLD DIRTY ... HEAD, SHOULDERS, KNEES AND TOES.

... GO DIE!

:)

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photo source


[ comments ]
Backquak says:
wow, that one wasn't even in the US. i guess the whole world is getting sue happy.
12/14/09
 
Bryan K says:
Without knowing how slippery the floor was, it's hard to make a judgement in this case either way.
12/14/09
 
Kickntrue says:
@bjohn13- is there any level of slipperiness that would make the lawsuit okay? i highly doubt they buttered up the floor!
12/14/09
 
mschad says:
@bjohn13: Come on now. Water on most any flat surface can be slippery. Most people know this from adolescents. Assume the risk and assume responsibility for your own actions.
12/14/09
 
kidputter says:
Hold the bus on this one, gang. ANY area that the public has access to is REQUIRED BY LAW to take precautionary measures to prevent accidents. Slipping in the shower due to improper anti-slip material is negligence on the part of the club.
By your comments so far, does this mean that if you slip on the ice on a public sidewalk and get hurt, the locality shouldn't be held responsible? That's why the insurance companies stay in business.
12/14/09
 
Bryan K says:
It has been a long time since I have been to a public pool or showered in a public locker room, but I do remember that the floors in these places, even ten years ago, were actually not slippery at all. The public locker room floor in my high school, for instance, was pourous...concrete-like. I can't imagine anyone slipping and falling on that. My assumption is that's the way locker room floors are supposed to be. Pourous enough so that they don't get slippery when they get wet. Plus, as a former restaurant worker, there was a lot of hullaballoo made over the "wet floor" signs being put out when we mopped. Finally, living in the frigid north, I am all too aware of the possibility of a lawsuit from someone slipping on an icy sidewalk no matter how icy the rest of the town is. To me, this is kind of a no-brainer. If you have a slippery walking surface that the public is going to use, you HAVE to take precautions to protect that public.
12/14/09
 
jimithen says:
My guess is, this is probably not the first time he has taken a shower in this particular club. SO why hasn't he brought this up before noticing it might be too slippery at previous times. It could have been addressed before an accident happened. So I say it is his fault. Ok not really, but he's still an idiot.
12/14/09
 
kidputter says:
People in general are idiots. That aside, £50,000 is a paltry sum for an accident that prevents one from playing golf. Bump it up to about £500,000. Let TIGER pay it. It's his fault anyway. I'm blaming him for my athlete's foot and jock itch, too.
12/14/09
 
Kickntrue says:
@kidputter- I'm all for Tiger paying for anything these days (as I posted)... but I'm going to continue to disagree on this one- though I admit the ALL CAPS may have been a bit much.

If I slip on the sidewalk- I think I should have been more careful on the ice. While I'd hope the municipality would get out with the salt- it's not always possible to expect things instantly. They are dealing with the ice too- and in the end are just people. Take responsibility for your own actions; good, bad or accidental.
12/14/09
 
Banker85 says:
We are too dast to blame someone else for our own stupidity. Im sure it might have been slippery he should have been more careful. i hope they never let this yahoo back in their club what a jack ass and at 72 im sure his prime golf is behind him anyways so its not like this prevented him from going Pro. no offense old dudes.
12/14/09
 
Banker85 says:
We are to fast* to blame...
12/14/09
 
Shankapotamus says:
At 72, I would not think risking embarassment and ridicule of filing a possibly frivolous lawsuit against his club (which typically means he is suing fellow members) would be worth it. If I were his age, I'd be more concerned about my legacy.
12/14/09
 
tennesseeboy says:
It seems like every post on this web site lately has been about a golfer that got naked and suffered because of it.
12/14/09
 
Kickntrue says:
@tennesseeboy- hahaha. what's the moral of the story?
12/14/09
 
mschad says:
He claims that the club failed to ensure “anti-slip measures” were taken.
The definition of "ensure": to make sure, certain, or safe : guarantee.
No matter what measures are taken, no one can guarantee someone will not slip in a shower, or an icy sidewalk, or a mopped floor with caution signs. Frivolous lawsuit!
12/14/09
 
brad6432 says:
No personal accountability, our national motto has moved over seas.
Shower in a public place? Ever heard of shower shoes? No? Go a head and contract someones nasty athlete's feet.
12/14/09
 
cheymike says:
@kidputter. By your comments so far, does this mean that if you slip on the ice on a public sidewalk and get hurt, the locality shouldn't be held responsible?YESSSSSSSS... that is exactly what it means. If you are willing to go out when its so cold that things are icy, then you should KNOW they are icy. Is the municipality responsible for you being clumbsy enough to slip on the ice when you KNEW it was there? Nope.... sorry... you lose in my court.
12/14/09
 
kidputter says:
Everyone is talking about personal accountability. The club is responsible for preventing situations that could cause accidents. They failed to take acceptable precautions. They are at fault and they should get TIGER to pay. It doesn't matter how old the guy was or if he was aware of the slipperiness of the shower. Apparently, this issue was brought up at the club before and no action was taken.
12/14/09
 
Bryan K says:
You know...I live in an area where it's so cold it's always icy. It's a given between the months of November and March...it's gonna be icy. We still have to keep the sidewalks clear. If someone slips and falls on a sidewalk, gets who gets held accountable? I'll give you a hint...it's not the person who slipped.
12/15/09
 
Matt F says:
"brad6432 says: No personal accountability, our national motto has moved over seas."

"Kickntrue says: Take responsibility for your own actions; good, bad or accidental."

"Banker85 says: We are too fast to blame someone else for our own stupidity."

Amen to all of you. I almost didn't think this line of thinking was possible when people were so sue happy and quick to blame point the finger at someone else for their mistakes.

Matt
12/15/09
 
JDoughMO says:
Working in industrial safety and health I get the pleasure of dealing with something called the General Duty clause. "It is the General Duty of the establishment to ensure the property is free of recognizable and preventable hazards..." Showers are wet and create a slip hazard so the club needs to take all precautions possible (signage, verbal warnings of the hazard of the slip hazard, training) to guard against a member slipping and falling. If every possible measure has been taken and the member is aware of the hazard then unfortunately it will still come down to who has the best lawyer...

However it is a private club and is in another country.
12/15/09
 
Bryan K says:
Just a bit of a note about slippery surfaces... a couple of years ago, I was rear ended in the middle of a nasty storm that rolled through the area. The accident happened at about 3 mph. I got out of my car to check the damange, and I slipped and fell as I reached my back bumper. I got up, steadied myself, and slipped and fell again. Now, as I steadied myself against the trunk of my car, I slipped yet a third time, and this time I landed hard on my back. Meanwhile, the driver of the other vehicle approached trying very hard to steady herself, and she slipped and fell too as she was trying to help me up. As we both lie on the ground laughing, I told her, "I think we should just both drive away and pretend this never happened."

The moral of the story is....sometimes, even if you know the surface is slippery, you're going to slip and fall anyway. That's why it's the club's responsibility to ensure that the surface isn't slippery.
12/15/09
 
KVSmith59 says:
I see this sort of thing all the time (I'm an insurance adjuster). The club will more than likely end up settling out of court as it's more cost effective, and there is some degree of liability since it took place on their property and apparently had prior warning of the problem. (depends on the type of liability laws they have there). You wouldn't believe the crap that goes on and never makes it to the headlines. Another example of why insurance rates are so high
12/15/09
 
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