Left Out in the Cold
Having a received a claim from an ex-employee who allegedly slipped on some icy steps during the course of her working day some considerable time after the accident, our client was struggling to provide the necessary information to the insurers. Unfortunately, like many clients, no contemporaneous records of the accident had been made nor any documents which identified and managed the risk at hand. Strangely, the accident book hadn’t been completed for the alleged incident, so the client was loathe to just accept the claim but couldn’t produce anything concrete with which to defend itself.
However, on exploring other avenues to be able to successfully defend the claim, the claims handler at D E Ford decided to rely on the good old British weather. One of its numerous suppliers is a purveyor of in-depth weather reports that can give details of all weather phenomena for a set date or period of dates, in any UK location. So by doing a search on the date of the accident and looking at the temperatures for that given date, it became very clear that the presence of ice would have been highly unlikely.
Armed with this further information, the insurer proceeded to deny liability based on these facts and has not yet received a reply from the claimant. It all looked rather hopeless for a while but with some unwavering determination and good, fact-based evidence, this may be a case that can be defended successfully now that the onus is back on the claimant to prove her case.