Severely Rolled Ankle on Exposed Tree Root in Carpark. What Would You Do?

• 1
• 2
• 3

• • • 

      Jules_d1 on 28/11/2022 - 12:18

      Hmmm I would put that down to tough luck as it's a naturally undulating environment where you may expect tree roots.

      I would not expect tree roots in an asphalted car park that provides you no other place to walk.

  • 

    Blackadda on 26/11/2022 - 08:37

    Your club would be broke if they had to re-surface the car park and try and avoid every potential issue with a golf club (think protection from being hit by a ball, slipping over on the wet grass, walking in and drowning in a lake etc

    stuff happens .. if you see a hazard report it .. if your clubs not doing the right thing get on the board and fix it .

• 

  7ekn00 on 24/11/2022 - 13:54

  +2

  While getting things checked, check your eyesight, most aware people would see a tree root from a mile off ;)

• 

  cerealJay on 24/11/2022 - 14:04

  +4

  Unlike other comments, I'll point out that exposed tree roots in a car park are indeed a hazard that should be dealt with to avoid injury.

  After all, it's not a bush path in a national park.

  Running a business requires maintaining minimum safety standards of the facilities. If upkeep isn't met and someone is injured, the business is required to do everything they can to seek a positive resolution for everyone.

  The owners should have put barriers around the tree roots, or otherwise dealt with them to avoid injury to guests. They didn't do that, so you have a case for compensation.

  People here saying "look where you're going next time"…. This is fine for when the victim falls down for no reason. But in this case, there is a reason. That reason can be found in the two photos provided… let's call them exhibit A and B :-)

• 

  randomusername2017 on 24/11/2022 - 14:34

  Tree root seem reasonably safe
  Perhaps a foreseeable danger that one should have been aware of..

  Any pics from 3 months ago?

  • 

    Jules_d1 on 24/11/2022 - 15:27

    While it would have been useful, taking a photo wasn't my priority at the time.

    • 

      randomusername2017 on 24/11/2022 - 23:43

      Club have other members?
      Surely if it was such a hazard and has been neglected.. there would be other parties documenting the issue?…

      Honestly.. you tripped over a 6ft tree root.. wouldn't expect you to take photos…

• 

  bargaino on 24/11/2022 - 15:18

  +3

  I would have thought it a minor hazzard that a reasonable person could easily avoid.
  It is a carpark, not a pedestrian thoroughfare, so I don't see any negligence, except by the pedestrian.

  That sort of damage in carparks is very common. If it was a footpath, I'd expect the owner/council should fix it in a reasonable time after being notified, but not here.

  Was the club really negligent?

  • 

    Jules_d1 on 24/11/2022 - 15:26

    If its a car park, I think it would be assumed that people would be walking through it regularly, wouldn't it? There are no footpaths or designated walk areas surrounding the car park. Where else are you meant to walk?

    • 

      bargaino on 24/11/2022 - 15:36

      +1

      You can walk with your eyes open. Even an outdoor footpath, I'd expect hazzards like that. You should walk slow enough to see it and respond, not be running or looking at your phone.

      I guess the standard of maintenance that is expected in a carp-park depends on where you live. A golf club in Rode Bay, vs a soccer club in Blacktown.

      • 

        try2bhelpful on 24/11/2022 - 15:41

        +2

        Sometimes it is hard to see hazards in certain conditions. I’ve had two instances where I’ve tripped over raised areas, on footpaths, due to tree roots; the unevenness wasn’t evident due to the colouring of the path and poor lighting. In both cases my eyes were open.

        • 

          bargaino on 24/11/2022 - 15:49

          +1

          @try2bhelpful: Sure, and when reported, council should paint the uneven edges to make them visible. But I don't see how that applies in this case in a carpark.
          Around here, many carparks have old native trees for shade, and root damage is common, along with potholes in some cases.

          Is every car-park with small potholes a case of negligence? Its not like on the road, where cars drive at high speed.

          Maybe we should have a no-fault accident compensation scheme, like NZ, to avoid all this argument over who to blame, that benefits only lawyers.

          https://en.wikipedia.org/wiki/Accident_Compensation_Corporat…

          • 

            try2bhelpful on 24/11/2022 - 15:57

            @bargaino: I was commenting on your “you can walk with your eyes open” comment. Sometimes hazards aren’t obvious. I, just, wonder why you decided to be rude.

            • 

              bargaino on 24/11/2022 - 16:00

              @try2bhelpful: rude? Sorry you took it that way, I was addressing your question "where else are you meant to walk?" Nowhere else, you can walk through the carpark, it just requires being observant of your environment. "eyes open" is a common expression, not intended literally.

              • 

                try2bhelpful on 24/11/2022 - 16:12

                @bargaino: In fact you weren’t addressing me at all. I’m a second party who thought your comment was rude. I wasn’t there, and neither were you. I was just pointing out that even with your “eyes open” trip hazards may not be obvious. I’m making no assumptions as to the conditions or whether suing the club is a good idea. As I said, in my comment below, I would concentrate on finding out why the injury is not getting better than consider suing.

      • 

        Jules_d1 on 24/11/2022 - 15:55

        +1

        As mentioned above. I wasn't on my phone.

        For reference, this is a private golf club in a capitol city.

        • 

          bargaino on 24/11/2022 - 15:58

          @Jules_d1: I've done worse, no judgement.

          But don't you think that a reasonable person would have seen it, by normal prudence?
          I just don't see how the club was negligent. If you want to go jogging in a carpark, you should take responsibility for the consequences.

          • 

            Jules_d1 on 24/11/2022 - 16:30

            @bargaino: Well I consider myself a reasonable person so I think it is perfectly possible to not see it.

            This is a leveled and man-made parking lot on which I think is fair to assume would be a flat surface.

            If you were at our local shopping complex and the asphalt has a large crack, pothole or something sticking out of it (pipe, tree root), do you not feel that that is a trip/fall safety hazard?

            • 

              bongom on 25/11/2022 - 09:59

              @Jules_d1: The risk from injury when walking is nowhere near as high when jogging. Did you have golf shoes with spikes on that are not designed for jogging?

              • 

                Jules_d1 on 25/11/2022 - 10:03

                @bongom: No I had regular runners on. I changed shoes at my car as I didnt want to wear muddy shoes in the clubhouse

      • 

        achew on 26/11/2022 - 21:28

        Every host of any owned land with public or private access has some duty of care to ensure that hazards are minimised, and regular, if not thorough maintenance is an especially good component of that

        • 

          bargaino on 27/11/2022 - 01:08

          @achew: Looking around where I live in Perth, such exposed tree-roots are common in car-parks.
          Even at the local Dan Murphys, and you'd reckon they'd be especially liability-conscious, as a big corporation with some unsteady customers.
          It just seems normal to me, uneven but not enough to trip over, unless running.

    • 

      Hangryuman on 26/11/2022 - 15:18

      'If its a car park, I think it would be assumed that people would be walking through it regularly'

      it would be assumed that people are responsible for watching where they tread

      to avoid things like death by misadventure

      • 

        Jules_d1 on 27/11/2022 - 11:46

        Ok. Tell the to people who fall over on unexpectedly slippery surfaces in stores or unmarked level changes in a walkway.

        • 

          achew on 27/11/2022 - 15:42

          @Jules_d1: Sure, you got the message right? Tell your buddies, they'll be a whole lot less sour for it.

          Lawyer up!

  • 

    GordonD on 25/11/2022 - 16:30

    +3

    bargaino makes a legally relevant point. An owner of property has to make a kids play area safe for kids to play on, a foot path safe to walk on and a parking area safe to park in. It doesn't have to create an environment totally safe for anyone to do anything anywhere. This is a parking area. There is an obligation on a person walking in a parking area to look for obstacles, because it might contain things like those low concrete barriers. I just can't see some roots being enough to base a claim of negligence on in a parking area.

    • 

      cerealJay on 25/11/2022 - 20:18

      +1

      I promise you that if any car park had only ONE low concrete barrier, placed randomly in an unexpected place, it would be deemed a hazard very quickly.

      A pattern of barriers all aligned with purpose is completely different to an unwanted tree root pushing through in one spot.

• 

  try2bhelpful on 24/11/2022 - 15:35

  +1

  I think it depends on how much you want to push this. You might get compensation and they might say the issue is not that bad. The fact you talked to the pro about the injury, and got all the info from the hospital would play in your favour.

  If the injury isn’t healing maybe it is time to get a referral to a specialist to get some more pictures taken. Maybe there is a little bit of bone broken off or something else. I think the bigger thing here is finding out why you don’t seem to be healing properly. I would talk to your GP and see if he knows a good specialist.

  In my case I have two wonky knees. One I did stepping out of someone’s way and fell down some stairs, on a train, and the other was from the gym where they kept telling us to get up, and down, quickly and I tore something in my knee. in neither case did I try to get compensation but the knees are functioning; I just don’t have the ability to push them too hard now. My GP recommended a specialist to me but the only thing that was possible was to tidy up the tear to make it less painful. Frankly the pain wasn’t so bad by the time I could arrange for the operation.

  I can sympathise with your plight. You are in pain, you don’t seem to be healing and the club should’ve been more careful to avoid hazards in the car park. I would start by concentrating on why you aren’t healing. Once you are on the mend you can get your head around if you still want to sue.

• 

  Meho2026 on 24/11/2022 - 18:44

  +1

  The clubhouse should really get an annual onsite safety inspection. Things like the uneven surface are usually identified and recommendations given to repair or identify as a hazard.
  If they didn't do this they will still have a WH&S policy and insurance to cover any injury to workers and visitors.
  They are negligent because they have not maintained the surface and identified it as hazardous.

  You reported the incident to an employee who then provided you with assistance. It doesn't matter that they didn't complete an incident form.
  That employee was the representative of the club and if they hadn't been educated on how to appropriately deal with a situation like this, then they should've been.
  You need to report the incident again, in writing, with as much information as possible, date, time, location and employee you reported the accident to.
  You can return to the scene and take photos to see if the area has been repaired or remains a hazard despite being reported as the cause of an accident. Thats either going to show ongoing negligence or a repair indicating acknowledgement of the hazard and incident.

  You can seek financial compensation but you need to be able to quantify your loss. Do you have any medical costs and/or loss of earnings. If you do, and you have evidence of that loss, then you could submit a claim, through the clubs insurer. Just ask the club who their insurer is and contact them directly.
  If you are seeking further damages then you will probably have to get evidence that you require ongoing treatment at a cost or you are permanently disabled as a result of the injury or your earning capacity has been affected.

  If you cant work in the same capacity as before your injury check if you have income protection insurance through your super. If you claim, the super insurance could cover you and chase the clubs insurer.

  The other issue you might have is that you are describing a 'minor fracture" and 'tiny fracture". these are not medical terms and are not helpful in describing your injury.

  Your discharge summary from Emergency will state the diagnosis and what bone was fractured. If you dont have that then your GP will.

  Normally when you roll your ankle and break a bone, its the fibula (thin lower leg bone) just above the ankle joint. In laymans terms a fractured or broken ankle but the Dr will classify it as a Weber A or B or C fracture depending on the exact location on the bone.

  The other bone at the ankle is the talus but that's usually only fractured by high impact like a motor vehicle collision.

  With any of those fractures you either require surgical repair or immobilisation in a moonboot or cast for 6-8 weeks.

  The diagnosis your describing doesn't match up with the treatment.

  It actually sounds like you need to be considering medical negligence for a misdiagnosis or inappropriate treatment.

  If you have torn ligaments and tendons from an ankle sprain sometimes they never fully heal.

  With ankle fractures healing is complete after 8-12 weeks but swelling and pain can persist for months even years so youre really at the beginning of your recovery.

  I rolled my ankle at a caravan park 9 weeks ago. I was intoxicated so accepted liability. Sustained a Weber B fracture of my ankle. Moonboot and crutches for 7 weeks, 8 weeks off work. I walk with a severe limp, my ankle swells up like a balloon after 30 mins walking. Ive been told not to expect significant improvement for 6 months.

  • 

    zooter on 25/11/2022 - 12:59

    club usually have insurance that you can claim on…however that is probably limited to injuries during play not while walking in car park

• 

  jizmo on 24/11/2022 - 22:17

  Can't see the forest from the trees .
  Looks like gout a blood test will prove that.
  If not gout why hasn't the doctor done more after 3 months?

• 

  franco cozzo on 25/11/2022 - 04:29

  +3

  im pretty clumsy too…now who can i sue???

  • 

    jizmo on 25/11/2022 - 11:42

    Jesus and Mother Nature

• 

  Hirolol on 25/11/2022 - 08:00

  +1

  You tripped over that?
  Are you sure it wasn’t the leaf?
  I think we know what the root of the cause is.
  Also known as the common denominator.

  If you are the only person to trip over this I would guess the root is not the problem.

  • 

    Jules_d1 on 25/11/2022 - 09:52

    I didn't trip. Please outline where I said I tripped.

    I stepped on this awkwardly and rolled my ankle as it was an uneven surface.

• 

  farknos on 25/11/2022 - 08:52

  -3

  Does your mum let you walk on her floor boards with the spikes on or wasn't she home?

  • 

    Jules_d1 on 25/11/2022 - 09:53

    +1

    I don't know. I've never asked her.

    I wasn't wearing spikes, so I'm unsure what your smug post was trying to achieve but it failed horribly.

• 

  Herbse on 25/11/2022 - 09:30

  If you've been unable to work, make a living, or have had to pay costs out of your own pocket to deal with the injury. Yes you have a case.

  From your posts, you've mentioned none of this. So it's hard to say.

  • 

    Jules_d1 on 25/11/2022 - 10:00

    I am lucky that I work from home, so there has been no loss of income.

    I have been out of pocket for medical appointments. It's not a significant amount but its still something.

    The biggest issue I've had has just been the pain and quality of life. Being an active person and using golf/exercise as a major facet of mental health has made this period very tough.

    I don't really want to take legal action, it's not who I am. I guess its just frustrating the injury turned into a bigger problem than I thought it was going to be and its just affected physical and mental wellbeing.

    • 

      Herbse on 25/11/2022 - 10:26

      Fair enough well it's up to you if you want to go through the hassle of finding a lawyer and paying the fees. If you go with a no win no fee lawyer, 60%+ of the settlement will go to them.

      Seems like a lot of effort to me personally. But you probably have enough for an out of court settlement so that they can just save the hassle of dealing with it, but then you'll lose whatever relationship you have with the club. If that matters.

      I rolled my ankle and broke my Tallis bone in half. They screwed it together and I was off my feet for 6 months and recovery for over a year so I know how annoying and debilitating it can be.

      • 

        Jules_d1 on 25/11/2022 - 10:30

        Yea… no legal action would be preferred.

        I just feel as though its an awkward position- I feel as though the injury was caused by them and their poor upkeep and would like some form of compensation such as a refund on my membership over this period I could not use it instead of credit, or a subsidised membership next year). On the other hand, if I do that I think my time at the club would be awkward and I would be looked at differently.

        That my dilemma.

        If there were no joining fees at clubs, I'd probably consider changing clubs as an option too.

        This is why I'm asking for people's opinions.

        • 

          Herbse on 25/11/2022 - 10:36

          @Jules_d1: Offering compensation would probably be seen as admitting fault, or maybe they just handled it poorly or like most small, older run business are run and are seeing life as a personal responsibility kind of situation like the 'good old days'.
          A new, larger corporate run business would have gone through proper incident procedures and offered compensation on the spot. But not a mom and pop place, assuming that's what this place is.

          • 

            Jules_d1 on 25/11/2022 - 12:00

            @Herbse: Hmm its a well-established private golf club with 1000's on members. They have a board and committee so I'd like to think they have some form of professional governance.

            • 

              factor on 25/11/2022 - 23:24

              @Jules_d1: You keep talking as if it's you against the club. You are a voting club member? You and every other member are the club, you together own all the assets and control the management.

              If something needs fixing, head to the AGM.

              • 

                notsofast on 27/11/2022 - 21:40

                @factor: Since we're speculating… the car park might not even be under the control of the club, or the club may have delegated the maintenance of the car park to a competent contractor. There may be another entity responsible for it. So all OP can do in those scenarios is bring the issue to the attention of the club. Unfortunately he was not aware of the issue until he busted his ankle

          • 

            parsimonious one on 25/11/2022 - 12:08

            @Herbse: wHerE’s mUH coMpeNSaTiOn???

• 

  cashless on 25/11/2022 - 09:48

  +3

  Got a similar injury once playing football.
  Successfully sued the ball.

  • 

    Jules_d1 on 25/11/2022 - 10:02

    Was there something wrong with the ball? If not I don't understand the comparison you are making. Could you please elaborate?

• 

  souljah on 25/11/2022 - 10:13

  +1

  Myth busters did an episode where they tested walking vs jogging vs running in the rain and which method resulted in getting wettest.

  Walking was the best as the other two faster methods while spending less time in the rain you actually got more droplets from the forward momentum.

  "Let you drive home" - your an adult and more than capable of deciding based on how your ankle felt and if driving was a good decision or not.

  If anything you put other drivers on the road that day at risk as a sharp pain, muscle weakness, spasm, reduced range of motion or sudden locking of your ankle could have contributed to you crashing and injuring others.

  I doubt you will get anywhere suing, businesses have some decent protections against events caused by nature and natural occurances. Carpark is there for your convenience and could have just been gravel, dirt or grass. They made 99% of the surface safer for you and you were unlucky to step on the 1%.

  If this was a wheel stopper that was in poor condition, loose of fixings with no bright/visible markings or a similar addition to the carpark you might have a case as they are expected to maintain and repair those within reasonable timeframes.

  • 

    Jules_d1 on 25/11/2022 - 10:25

    Thanks for the comments. As stated, driving home was on me just as much as them. I'll own that.

    In a post just above, I don't want to sue. I'm not that person. I just feel annoyed and frustrated that this happened, as has impacted my life in such a way when I feel like I was acting reasonably and was caused by an unsafe and unexpected hazard on their property.

    I just feel as though its an awkward position- I feel as though the injury was caused by them and their poor upkeep and would like some form of compensation such as a refund on my membership over this period I could not use it instead of credit, or a subsidised membership next year). On the other hand, if I do that I think my time at the club would be awkward and I would be looked at differently.

    That my dilemma.

    If there were no joining fees at clubs, I'd probably consider changing clubs as an option too.

    This is why I'm asking for people's opinions.

    Appreciate your comments.

    • 

      souljah on 25/11/2022 - 10:34

      +1

      Speaking to someone higher up on a partial refund of membership done would actually have a reasonable chance of getting up. They want to retain customers and if approached in a friendly but firm fashion I think most reasonable management teams would see it as a win-win.

      Just make sure you identify the right person with authority to make the decision. Make it clear that you don't want to take anything further but believe it is reasonable to compensate the time lost on membership. You would probably have more success in them extending the current year i.e. make renewal date 3-6months in the future as this takes out added steps of refund and also shows you are committed to them long term.

    • 

      Canberralad92 on 25/11/2022 - 13:38

      Acting reasonably is not running around in a carpark in the rain not watching for hazards.

• 

  Eatslikeacat on 25/11/2022 - 10:41

  TLDR: Sue God for creating trees

  • 

    parsimonious one on 25/11/2022 - 12:11

    +5

    TLDR

    -Poor little rich kid hurts foot at their private gold club
    - Karen wants compensation and comes to ozb to reinforce view of entitlement to compensation
    - ozb calls Karen a Karen

• 

  mauricem on 25/11/2022 - 11:13

  +4

  Doesn't your membership to the club include some sort of accident insurance?
  Membership of tennis clubs affiliated with the national body provides for medical coverage for any on court or on premises accidents.
  Covered physio, rehab etc plus usual amounts like $5k for loss of one finger, $7.5k for loss of thumb (not exact but was something like that)

  As a committee we had to be careful if someone had notified of a hazard and we didn't properly manage the risk there was a chance insurance would not pay up and the injured party could sue the club.

  • 

    Jules_d1 on 25/11/2022 - 11:58

    +3

    This is actually a good point. I do have insurance as part of my membership

    • 

      bmxr on 25/11/2022 - 21:01

      +2

      Then claim on it?

      End of thread.

      Please update the original post.

• 

  Sammy Boi on 25/11/2022 - 11:32

  The time you wasted on this post should have been spent talking to a solicitor and I feel like that is so obvious.

  Even though there is a forum here it's OzBargain.

• 

  dowhatuwant2 on 25/11/2022 - 11:46

  +4

  You american or something?

• 

  Willy Beamish on 25/11/2022 - 12:11

  nice joke bro

• 

  BendBridge on 25/11/2022 - 12:12

  This reminds me of my wife's fractured ankle when we were holidaying in Borneo Island 4 years ago. She also rolled her ankle on an exposed tree root while we walked through a national park.She had some pain but didn't suspect the bone was fractured. I bought her a walking stick and she bandaged her foot (she was a nurse), and we carried on with our journey as planned for two more months. By the time we returned home to Melbourne, she still felt pain in her injured foot. We eventually took an X-ray and went to see a specialist. As in your case, the doctor said the fractured bone had been healing nicely and "just continue doing what you have been doing and the bone will fully heal 6 months after it was fractured." He was actually proven right. I think 6 months could be the magic time frame.

  • 

    souljah on 26/11/2022 - 08:40

    I fractured my thumb playing footy (twice over the years). Both times would have been 6-12 months to fully resolve with no pain. Wouldn't always hurt but certain actions i.e. turning a rusty/siezed tap one way was fine but the other way… Nearly jumped through the roof.

    Got scanned and doc was just like, it's healing nicely, no point putting cast on as we would have to lock up your forearm and whole hand. It will be painful at times but it is part of the healing and pain doesn't equal more damage etc which was my only real concern.

    Taped it up just to provide some support and played out the whole season both times, wasn't an issue really but learnt real quick to mark on my chest in winter with a water logged heavy ball!

• 

  Bangerbargain on 25/11/2022 - 12:29

  +1

  Why dont you sue the tree.

• 

  happydude on 25/11/2022 - 12:33

  +1

  The OP should check all available insurance options. Depending on the policy, it should pay out even if the club was not negligent. Proving negligence could really go either way.

  Otherwise it would likely be a claim under Occupiers Liability under the Wrongs Act 1958. This is not guaranteed to be successful.

  NSW have a more modern Act but there was a major similar case involving Bunnings - https://mccabes.com.au/bunnings-group-ltd-v-giudice-2018-nsw…

  The kicker:

  The onus remains on the plaintiff to establish not simply that there were precautions available to address the risk, but that a reasonable occupier would have carried out those precautions.

  To anyone saying it is the OPs fault, that isn't really relevant if there is a policy to claim on. They are paying for that policy to pay-out in the event of injury.

• 

  pharkurnell on 25/11/2022 - 12:59

  Dennis Denuto

• 

  KaTst3R on 25/11/2022 - 13:25

  +2

  I can summarise this one page article into 3 words.

  I Want Compensation.

• 

  NocteRegem on 25/11/2022 - 14:09

  +1

  Tree roots have existed since the beginning of recordable time and humans have had to navigate not falling over them too. I personally would treat this as a moment to realise that we need to be aware of our surroundings, as that is our own responsibility, and move on.

• 

  Vieira4 on 25/11/2022 - 14:31

  Why are your pants so dirty?

• 

  OBEY YOUR MASTERS on 25/11/2022 - 14:39

  If they had dug up the car park to remove the tree and roots would you have complained that there was nowhere to park?

• 

  Maxxiz on 25/11/2022 - 14:44

  +6

  Had a lol at "they let me drive home"

  You're fully capable of making your own decisions when you hurt your ankle.

  • 

    parsimonious one on 25/11/2022 - 16:52

    +1

    Yeah that was one of the ultra Karen parts of the post

• 

  connorlo on 25/11/2022 - 14:53

  +2

  bit of bad luck I would say, learn and move on

• 

  StalkingIbis on 25/11/2022 - 15:01

  +1

  Injury sounds and looks similar to an avulsion fracture that I had in my cuboid.

  Happened playing futsal. Hurt so bad I thought my ankle would be dangling and it instantly swelled up like that.

  X ray could barely pick up any sign of it, it was so small.

  Took a couple of months before I could walk properly. And then had constant pain that gradually got better for the next year. All better now 13 months later.

  Good luck with your rehab and probably just a case of bad luck/your fault.

• 

  lechuck123 on 25/11/2022 - 15:01

  +2

  That's pretty bad. Your whole ankle has rolled off your foot and onto the floor

  • 

    WhyAmICommenting on 26/11/2022 - 20:03

    lol, what even is that thing? It looks like a dog bone!

• 

  herecomestheoost on 25/11/2022 - 15:19

  I don't feel you have any sort of case. But I feel your pain. I badly rolled my ankle as a teenager, for the better part of 10 years it gave me trouble.. Look after it, do whatever you can to strengthen it. It sucks man.

• 

  Nitrollparty on 25/11/2022 - 15:33

  +1

  I'm more concerned about your rank toe nail

• 

  Barrj46 on 25/11/2022 - 16:28

  Wrap your ankle in an ice pack and look where you are going next time.

• 

  HamBoi69 on 25/11/2022 - 17:12

  Look, if you say anything to the Golf Club, they'll probably cut the tree down. We don't want that. That's the problem with these things though, everyones first thought is, oh yeah, just cut the tree down and remove stump and roots. Problem solved. NOT! Trees take years to grow.

  Sure OP, I defs emphasise with you, but if you tell the Golf Club, they'll just cut the tree down.

  • 

    monkeyfood on 25/11/2022 - 17:37

    +1

    Then your in big trouble, the other trees will come looking 4 u for revenge

• 

  kev98 on 25/11/2022 - 17:49

  +2

  Golf club should have public liability insurance

  Talk to ankle/foot specialist as well, not just GP

• 

  kaleidoscope on 25/11/2022 - 17:50

  Talk to a lawyer i guess… It’s bad luck and shit happens sometimes.

• 

  Poor Ass on 25/11/2022 - 18:28

  +1

  1. Watch where you are going next time
  2. Lawyer up if you want to take it further
  3. Don't expect to go back to the same club if you lawyer up
• 

  Kiro on 25/11/2022 - 18:28

  If you want to make a claim speak to a lawyer. I would also notify the club as they should have this noted and if they are decent go through their insurances.

• 

  eldudebrothers on 25/11/2022 - 19:00

  +1

  What happened to you really sucks, I have had the same thing occur and it took nearly a year to recover. However, in my opinion, it can be argued that it's partly your fault for jogging in the rain, clubs fault for not keeping walkways maintained and just bad luck. I believe you should definitely stress to them that the tree is a hazard and something should be done to rectify it but I feel that legal action is excessive. That course of action should generally be reserved when there is major negligence or malice from the other party. Regardless, I really hope you get well soon and you can get to normal functioning without a long term impact.

• 

  Jules_d1 on 25/11/2022 - 19:09

  Appreciate all the responses.

  I've said many times in the thread I do not want to take legal action :)

• 

  Dack Smith on 25/11/2022 - 19:26

  -3

  If you don’t take legal action, the club has gotten away with your injury scot free.

  Someone else will also be injured by the same root since they refused to remedy the situation.

  You will live with this injury for the rest of your life.

  The club has acknowledged fault yes?

  The club will happily not live with your injury for the rest of their lives, yay no compo needed!

• 

  diceman99 on 25/11/2022 - 19:32

  +2

  I would recommend watching where you walk. You need to take some responsibility for your actions.

• 

  jrvb42 on 25/11/2022 - 20:17

  +2

  Best stay indoors, and do nothing. It's a tree root. You weren't watching where you were going and tripped. YOU tripped. Unless, of course, the tree suddenly put the root up just to trip you. Just curious, when was the last time you accepted responsibility for some aspect of your life? Probably sounds mean, but I am sick to death of people always looking for someone else to blame for their misfortunes in life.

• 

  serpserpserp on 25/11/2022 - 20:55

  What would I do? Put some ice on my ankle.

• 

  p1 ama on 25/11/2022 - 20:59

  +1

  What would you do?

  I would focus on recovering from my injury.

  Ultimately I understand that it helps to have someone to blame, but it's not going to help you recover any faster.

  As this has become a more significant and ongoing injury, I feel like I might need to seek further advice surrounding this. I feel as though the tree root is a safety hazard, has caused injury and then the incident was managed poorly.

  There are plenty of things that could cause injury. It doesn't mean that something needs to be done. I'm sure that there are people who have ran into a light post, tripped on a gutter, hit their head on a tree…etc.

  • Rolled ankle in golf club car park on an exposed tree root coming through asphalt.

  It's unfortunate, but you could have rolled your ankle on a number of different things.

  • No incident report or first aid administered/offered and let me drive home

  You're an adult, not a 5 year old child. If you need first aid, you should ask for it or call an ambulance. You are responsible for whether you can drive home or not. The people at the golf club are not trained medical professionals and are not trained to assess who is in a position to be able to drive or not.

• 

  Daddy Chill on 25/11/2022 - 22:27

  RICE

• 

  Hamlet on 25/11/2022 - 23:14

  +1

  The tree root was always there; it didn't move. But your feet could move. In simple terms, unless it's deemed as an obvious safety risk, it's going to be reasoned to be an unfortunate accident rather than their negligence.

• 

  morse on 26/11/2022 - 03:36

  +1

  They should fix the tree root but I’m not sure about accessing their indemnity insurance. Like you say, you’d be looking for a new club most likely.

  Realistically there’s lots of trip hazards in life, and if you’re fit enough to play golf you can most likely avoid these. Sometimes accident happen and we get nasty injuries. It could have happened at home or walking down the street.

  There’s good evidence that shows that people who access indemnity insurance, work cover etc have poorer outcomes than those that don’t for similar injuries.It’s not Entirely clear whether his is due to the stress of the claim process or the psychology of external attribution of fault. I suspect when we are angry with and blame others for something that is causing us pain/disability that this adds to the mental load and stress. So it may be worth seeing it as unfortunate bad luck and focusing on recovery.

  I’d suggest letting it go, getting treatment and exercise in a way that doesn’t load your ankle too much to maintain your overall well-being. If you’re not able to use the golf club because of the injury, by all means cancel or suspend your membership and direct this to something else, e.g. gym/pool membership.

  • 

    Terra Australis on 26/11/2022 - 05:51

    +1

    Ding ding ding

  • 

    jsheroes on 26/11/2022 - 09:02

    +1

    Yep. OP may be able to get a few $'s compensation out of it, but is it worth the time and mental energy? Almost certainly not. And suing the club doesn't really feel right in this instance. If you want to put your energy into something, put it into lobbying the club to resurface that bit of the carpark and move on with rehab.

• 

  jtc13 on 26/11/2022 - 07:09

  Whilst I hate the thought of something like this becoming a legal issue the club will have or at least should have public liability insurance which should cover this sort of thing. That said not sure legally you would win any claim but you may want to sound out a no win / no fee lawyer who will quickly let you know if they think they can win it or not.

• 

  HeXo on 26/11/2022 - 07:50

  I had a very similar injury 2 years ago, playing hockey. I had a fully torn ATFL ligament, and the swelling looks pretty much identical to yours.

  It took me about 4 months to return to work, and almost a year until I wasn't having daily pain. So it can really take a long time to heal. I also now have massive varicose veins on the leg that the injury occurred on. As a 22 year old at the time, it really screwed me over big time.

  My advice is to keep up the physio, and keep pushing the limits of your ankle as far as flexibility goes.

  As far as the root - maybe write up a letter, not asking for anything in terms of compensation, but just outlining how much of an effect this injury has had on your life, and urging them to do something about the tree root.

  Best of luck with it all!

  • 

    Juliusdesign on 26/11/2022 - 13:02

    Did you have any problem with dorsiflexion? I'm 9 weeks after ankle operation and can only do 14 degrees while my good foot can do over 40 degrees

    • 

      HeXo on 26/11/2022 - 15:18

      I did, for ages. Physio gave me plenty of exercises to help it. Over time, it really does help. He explained that after trauma to the ankle, the joint goes into "protective mode", and stiffens up the joint to help healing. Which actually doesn't help flexibility at all.

• 1
• 2
• 3