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

Jules_d1 on 24/11/2022 - 11:34
Last edited 27/11/2022 - 11:38

Would like to get people's opinions on this.

Updates

  • After leaving a message to follow up on my membership suspension, Have a voicemail from the golf club acknowledging the tree root is a problem and this isn't the only one they need to fix in the carpark.

  • I'm not a Karen or Sue-friendly. As mentioned many times in the thread, I don't want to take legal action. Its not the type of person I am. I like to be pragmatic and get on with life but now this inury is starting to become a more serious/long term issue which I feel was caused in some part by the poor upkeep of facilities.

  • To people saying tree roots are everywhere and it's my fault for not seeing it. This is an asphalted car park that I would like to assume that it is flat. I'm not sure how this would differ from a slippery surface in a store that someone slips or an unmarked step/level raise in a walkway that causes someone to trip. This is a man-made structure and you're not expecting a root to be there. The closest tree is about 5m away. If I was running around a park on grass/dirt directly under trees…. a totally different story.

  • To those who say I'm a karen for blaming them for letting me drive home, I actually address this in the exact same sentence. I know driving home is totally on me. I guess its selective reading. In hindsight I was just surprised that there was no duty of care on their behalf in regard to incident reporting or attempts at first.

TLDR at the bottom

Almost three months ago, I completed a round of golf at a club I am a member of. I put my gear in the car and then headed up to the clubhouse for a beer (Had not had anything to drink as that stage). It was drizzling a little so jogged to avoid it.

As I was jogging up, I rolled my ankle severely on a tree root that had grown up from underneath the asphalt that I hadn't seen. I went down in more pain than I had ever felt before in my life. I thought I had broken it as fully expected something to be sticking out from my skin.

Tree root pics were taken yesterday
https://ibb.co/nwVVxKM
https://ibb.co/ZJ9x4D0

After sitting there for some time trying to recover from the pain and assess how injured I was, I got to my feet and hobbled to the clubhouse. No one had actually come past in this time.

I sat for a moment with the boys. I think my body was still in shock a little. I decided it best not to drink. As I sat there, I felt and saw my ankle swelling up. I didn't take my shoe off at that stage as I didn't think i'd get it back on, and it was probably helping with compression. At this stage, I thought it was best for me to leave and address the ankle.

I walked out of the clubhouse and ran into one of the pro shop staff who saw me in a lot of pain. He empathized with me and gave me a ride in a cart back to my car. Which was a huge relief.

***After the fact, I realized they should have/needed to fill out an incident report form and probably not let me drive home but I guess thats just as much on me.

I was about to gingerly drive home as I was less than 1km from the course. As soon as I got home and took the shoe off, the wife looked at it, and we both agreed I needed to go to emergency.

Picture of injury WARNING GRAPHIC: https://ibb.co/CKPH00M

Long story short, there was a minor fracture and basically the worst sprain possible without needing surgery. The doctor said there was nothing they would do to help the tiny fracture, and it would heal by itself.

THREE MONTHS LATER (Today)

My ankle is still nowhere near healed. It's still constantly swollen (The whole ankle) and sore by the end of the day. I cannot jog on it nor train my lower body at the gym. I am currently getting weekly physio on it, but they are actually perplexed at the extended swelling as well. As you can imagine, this has meant golf, either. I have an exercise science background so I rehabbing correctly)

After jumping through a few hoops and getting certificates, I've had my membership put on hold (No refund, just credits) until I'm better again.

As this has now extended out much longer than I thought it would, it's really having a big impact on my life.

I am on good terms with the guys at the club and kindly commented to them about the exposed tree root and the fact they didn't do an incident report form. I've heard nothing since.

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.

I enjoy my golf club but I feel as though if I pushed this further (Ie Legal action or threat of), I'd probably need to find a new club.

What would you do?

TLDR
- Rolled ankle in golf club car park on an exposed tree root coming through asphalt.
- No incident report or first aid administered/offered and let me drive home
- Severe sprain and fracture and still on constant pain with limited mobility three months later
- Wondering if I should take matters further with the club

Poll Options expired

  • 124
    Let it go. Deal with the injury and costs associated with yourself
  • 11
    Take legal action
  • 11
    Speak with the club and see good faith refund on this period etc.
  • 2
    Something else
General Discussion

Comments

        • Juliusdesign on 26/11/2022 - 16:20

          Ah I see. thank you your answer! It really helps ease my mind a bit. :)

  • Name on 26/11/2022 - 08:35
    +1

    Don't be one of those litigation happy people that wants to blame everyone else. You could have easily done it out on the greens when trying to find your ball in the bushes. I've twisted my ankle on flat ground!

    But I'd be pushing the committee to resurface the parking lot or just that area. In saying that. I've been to plenty of venues where the carpark is just a dirt gravel flat area. Not even paved.

  • CharityCase on 26/11/2022 - 11:42

    My advice? Better Call Saul!

  • Hangryuman on 26/11/2022 - 11:53

    ask them to get a can of this and spray it over the exposed tree roots - https://www.bunnings.com.au/dulux-350g-yellow-survey-marker_…

  • Juliusdesign on 26/11/2022 - 12:39
    +1

    I feel your pain. I had an ankle fracture end of September this year during work assignment. I had 3 broken bones and an operation. 2 months later, i'm still not able to put much weight on my foot. Lost a lot of income as I had no insurance to cover this. Believe me this is the hardest time on my life, even worse than covid times where I lost 95% of my income (I'm doing weddings). I understand that sometimes we feel upset that this happens to us and sometime try to find "blame" to someone else. You could try lodging some compensation, they should have public liability insurance that cover this. Generally on public are its our responsibility to be careful and watch where we are going. Looking at your photos I would say it's just bad luck that this occur to you. So my advice is try the public liability claim if it doesn't work, please accept the outcome and move on. I myself didn't do this as I accepted that I slipped and it was just my misfortune that I have to go through all this. Best the luck and hope you will have a speedy recovery!

  • velcrochicken on 26/11/2022 - 13:03
    +2

    You have a pre-existing foot injury to the big toe which would be argued contributed to such a major sprain from subpar foot stability.

    The ankle tendons, peroneals will be full of scar tissue. See someone that specialises in breaking this up.

  • BHR on 26/11/2022 - 13:06
    +1

    Tree was there first. Take responsibility for your actions and go apologise to the tree.

    • Hangryuman on 26/11/2022 - 15:11

      Be sustainable - Hug a tree today.

      I thought the OP was minding their own business when the tree suddenly jumped out in front of them - bad tree !

  • Raj09 on 26/11/2022 - 14:20
    +1

    It goes to say. Do more mobility training. These are so common incidents. And you can avoid these by training your body properly

    • Hangryuman on 26/11/2022 - 15:12

      'I like coming back to Australia - it's where my roots are' - Dame Edna Everage

      • monkeyfood on 27/11/2022 - 10:59

        he got up rooted

    • Jules_d1 on 27/11/2022 - 11:41

      I can appreciate this. I exercise regularly and tend to be injury tree. For reference for the severity of the roll, I had a graze on my lateral malleolus. In other words, the point of my ankle came into contact with the ground.

      • ihbh on 28/11/2022 - 07:41

        You don't need specific mobility training. Here's how I've improved over the years:

        I do short HIIT runs regularly. I do it on the council strip instead of footpath/road (which is bad for the knees). In bush settings, this can be equivalent of trail running. The ground is uneven, there are roots, rocks, everything. Start slowly and go from there. When there are depressions, my feet/weight adjusts automatically.

        Also, notice hockey players (amateur friends) - they've have to amputate their feet if they rolled their ankles every time they fell so they're used to not putting weight on their ankles when they fall.

  • T1OOO on 26/11/2022 - 15:41
    +1

    I’d pay attention next time

  • montorola on 26/11/2022 - 17:07

    Sounds like the OP got….rolled? :p

    • randomusername2017 on 26/11/2022 - 18:23
      +4

      Literally rolled a joint and got a root in the carpark going by the title…

  • Typical16-bitEnjoyer on 26/11/2022 - 17:17
    +3

    Lol.

    Heaven forbid you go hiking. You'll break everything and sue mother nature.

  • Stromae on 26/11/2022 - 18:13

    In some countries, you need to prove that you have insurance before being allowed on the golf course. In case of injuries, you just lodge a claim with your insurance and they take care of the rest, like paying your medical bill, cover your loss of income and also sueing whoever is responsible. Some people on here might think this is an american way of doing things but it means you dont end up on sites like gofundme, begging strangers for money or seeing lawyers trying to figure out who is at fault.

  • Aust on 26/11/2022 - 18:14

    If its an on going injury you need support.
    Club will have liability insurance. As a member you might even have some sort of cover under your membership eg if you hit another golfer with a ball.
    Likely membership should be left in force though. If you have not notified the clubs finance and insurance officer probably should now.

  • Raj09 on 26/11/2022 - 18:29
    +1

    Should have gone to specsavers

  • apey2000 on 26/11/2022 - 20:30
    +2

    Go to Bunnings and get some of that concrete mix. Eat a bagful and wash it down with a Bunnings snag. It'll fix your ankle and harden you up in no time.

  • quick-dry on 26/11/2022 - 23:27

    Does your golf club have insurance for participants that allow for claiming costs of injuries while participating on their premises? many sports usually include an insurance component as part of registration/membership

  • bryans on 26/11/2022 - 23:28
    +1

    $hit happens

  • ozaym on 27/11/2022 - 00:06
    -1

    As usual a lot of useless comments on OZB about shifting blame on the victim, first thing would be to email your club CEO, there is one of the major reason why private clubs and your membership fee include insurance, this is one of those reasons. I’m a member of a private club in Melbourne, one of our member was struck by a dead tree recently that and was covered by insurance.

    • randomusername2017 on 27/11/2022 - 00:33
      +1

      struck by a dead tree

      Obviously couldn't leave the scene..

    • Typical16-bitEnjoyer on 28/11/2022 - 09:25

      struck by a dead tree

      jogging through carpark in the rain

      Clearly identical scenarios there.

  • Dr Prepper on 27/11/2022 - 03:27

    If all else fails , bikies.

    • Daddy Chill on 27/11/2022 - 06:22

      Looks like the bikies got him first

  • arcticjuggernaut on 27/11/2022 - 07:19
    +2

    Look where you're going op. If you want to sue people for nothing then move to America.

  • AlanHB on 27/11/2022 - 08:12

    I would go back to the doctor.

  • iseeyou1312 on 27/11/2022 - 09:55

    Should've gone to specsavers.

  • Jules_d1 on 27/11/2022 - 11:42
    -2

    Updates
    - After leaving a message to follow up on my membership suspension, Have a voicemail from the golf club acknowledging the tree root is a problem and this isn't the only one they need to fix in the carpark.

    • I'm not a Karen or Sue-friendly. As mentioned many times in the thread, I don't want to take legal action. Its not the type of person I am. I like to be pragmatic and get on with life but now this injury is starting to become a more serious/long term issue which I feel was caused in some part by the poor upkeep of facilities.

    • To people saying tree roots are everywhere and it's my fault for not seeing it. This is an asphalted car park that I would like to assume that it is flat. I'm not sure how this would differ from a slippery surface in a store that someone slips or an unmarked step/level raise in a walkway that causes someone to trip. This is a man-made structure and you're not expecting a root to be there. The closest tree is about 5m away. If I was running around a park on grass/dirt directly under trees…. a totally different story.

    • To those who say I'm a karen for blaming them for letting me drive home, I actually address this in the exact same sentence. I know driving home is totally on me. I guess its selective reading. In hindsight I was just surprised that there was no duty of care on their behalf in regard to incident reporting or attempts at first.

    • parsimonious one on 27/11/2022 - 11:58
      +1

      TLDR

      -karen OP called called golf club and asked to speak to the manager (classic Karen move)

      -Karen OP is still sad and doesn’t like that ppl think he is being a Karen

      -Karen OP is still sad the golf club didn’t file a report and kiss the boo-boo better

      • Jules_d1 on 27/11/2022 - 12:10
        -2

        It doesn't phase me in the slightest if some people on the internet who I will most likely never meet thinks I'm Karen. I was just hoping for a higher level of conversation. I'm posting on OzB so thats probably on me for having such expectations.

        If it truly helps you, I'll go get a Karen haircut and go ask to speak to the manager at every store I walk into for the rest of the week.

        God bless.

        • parsimonious one on 27/11/2022 - 12:15
          +1

          You clearly want to sue for your cOmpeNsaTion

          You’ve asked for ppls opinion and many many ppl have said it sounds like bad luck move on, but you keep going back to how you need to right the injustice of it all

          Just go find and lawyer sue the golf club, get your pay out and move on to the next injustice that you’ll almost inevitably face

          • Jules_d1 on 27/11/2022 - 12:20

            @parsimonious one: In the exact post you replied to, I clearly said I DO NOT was to take legal action. You must have missed that part.

            I feel like there are many options between "SUE THEM!" and "SUCK IT UP". I'm trying to have a conversation around that.

            I'm sorry you cannot comprehend this.

            • parsimonious one on 27/11/2022 - 12:24
              +1

              @Jules_d1: You keep saying you don’t want to sue but from your responses it is clear you are not happy with the advice to move on and keep coming back to how the club is responsible

              It’s pretty clear you want money from the club over this incident

              PS oh I see, you want them to pay you money without having to sue… now I get it

              • Jules_d1 on 27/11/2022 - 12:25

                @parsimonious one: Please refer to the second sentence in the post you just replied to.

                Just to make it clear for you again…..I DO NOT WANT MONEY

                I'm interested in learning what discussion can be had with the club or what angles could be taken here. What could be asked regarding membership freezes or other win/win avenues?

                I'm really not sure how else I can articulate that to you.

                • parsimonious one on 27/11/2022 - 12:39
                  +2

                  @Jules_d1: So you want non monetary cOmPenSation and have come to ozb to find ways to leverage your ouchy to your advantage

                  Ok, well here goes:

                  I don’t know anything about golf or golf clubs, but maybe you could ask them for all you can eat sausages from the club house and free use of one of those motorised buggies for a year 🤷‍♂️

                  Surely that would make it all square and even

  • BradH13 on 27/11/2022 - 13:36
    +1

    Looked at the image of the root.

    I see substantially bigger tree root/concrete movement on footpaths on council property every time I walk somewhere, and that never gets fixed so mustn't be deemed a hazard.

    People just need to pay more attention to what they're stepping on.

    I empathise with your injury (I'm physically disabled myself, have extreme balance issues and roll my ankle regularly), but it's still our body, our problem to deal with at the end of the day.

    I wouldn't bother the golf club at all.

    • Jules_d1 on 27/11/2022 - 13:48

      Appreciate the response.

      Sorry to hear of your disability.

  • sirstiv on 27/11/2022 - 15:17
    +1

    Our creator gave us eyes, we need to take responsibility for being a clutz and not keep blaming others.

  • nicholasfrawley on 27/11/2022 - 16:38

    This seems like a classic negligence tort case. As the roots were not not made obvious by the golf club. You could definitely sue for damages

  • baldur on 27/11/2022 - 17:43
    +1

    I love first world problems. They are always so creative.

  • the wiz on 27/11/2022 - 18:11
    +4

    I'm not going to call you a Karen or tell you to watch where you're walking or anything like what others are saying. Because I don't blame you for what happened. I don't blame anyone.

    It's just an accident. Accept it. Your ego is screaming "It's not my fault!" but I don't care. There isn't always someone to blame.

    There are hazards everywhere. There is no end. If we made the entire world idiot-proof there'd be no money left for food.

    • Jules_d1 on 28/11/2022 - 07:27

      I appreciate the comments. I’ve never been in this situation before and given it was on their property and a man made structure, wasn’t sure where the line was drawn with this.

      Thanks again for the level headed response.

  • ozoner on 27/11/2022 - 18:42
    +3

    Poll needs an option of "take responsibility for my own actions, stop looking to blame other people for my own ineptitude, and give myself an uppercut".

  • Molebag on 27/11/2022 - 19:41

    Sounds like a familiar story to me. My ankle looked the same after coming off a ladder. Same diagnosis. And im about 5 months in. Ive been going to physio monthly through public health. It's improving but still a ways away from being the same. Consensus is that this sort of damage will take a long time to heal naturally and the swelling and pain will be part of the process.

    Unless you've got instability issues, surgery isnt going to help much. Which is what theyve been telling me anyways. Unless youre out of pocket, i dont know what youd be suing for. If the root was reported as a safety hazard previously and hadnt been remedied, then negligence is evident. But if theres a footpath one would question why you didnt use it.

    • Jules_d1 on 28/11/2022 - 07:23

      Thanks for the comments. There is no footpath. Just car park.

      I don’t want to sue. Just curious what others would do in this situation.

  • CoreJava on 27/11/2022 - 21:09

    Claim insurnace

  • notsofast on 27/11/2022 - 21:33

    What do you do for work? Is your injury impacting your job or have you had to take any time away from work for the injury?

    • Jules_d1 on 28/11/2022 - 12:57

      Luckily work from home so this did not affect me.

  • Dack Smith on 27/11/2022 - 22:30

    OP’s loyalty to the club prevents any legal action being launched.

    “My life for Aiur !!”

  • liability on 28/11/2022 - 10:38

    I do consultancy work for insurance companies and lawyers in relation to matters such as this.

    Is the club liable? Two questions to ask:

    1. Was the incident reasonably foreseeable?
    2. Was it reasonably preventable?

    If the answer to those two questions is yes, then the club will generally be liable.

    There is the issue of contributory negligence, such as OP not looking where he is walking, and while this may reduce any potential compensation it does not reduce the club's liability.

    • Jules_d1 on 28/11/2022 - 11:06
      -1

      Thanks for the insight.

      I don't really want to take legal action at all. What would you say is the best course of action in regard to bringing it up with the club. I don't want money but at least membership fees waived during this time (I get credited for the time I'm off instead of payments getting paused)

      It's "my local" so I would rather stay on good terms and not feel awkward every time I go there.

      I'm just trying to work out if that is possible in a way other than just not addressing it with them.

  • ozbargainer666 on 28/11/2022 - 11:12
    +1

    that's nature baby

  • Freshmedz on 28/11/2022 - 19:19
    +1

    Cringe af, dude wrote an essay about triping over a tree root and if he should take legal action against a golf club… lol i cant.
    One of those wtf is the world coming to moments. Man up, look were your going next time and get the ankle to rehab.

  • vegemite2008 on 28/11/2022 - 20:28

    One can clearly see that the issue with the roots has been evident for at least 6-12 months.

    The company responsible for the carpark (golf club) would have a duty of care to make sure that the car park is safe for workers and visitors.

    You don't want to go to court as it would cost too much.

    Get a lawyer to draft a letter which will stipulate that you seek compensation for pain and suffering blah blah and would like to resolve this out of court.

    A letter drafted by a lawyer will cost you around $350. Get a fixed cost for the letter.

    Negative aspect is that you will not be welcome at the club once you go down this path.

    I suggest that you first have a chat with the person in charge and seek compensation and say you do not wish to engage a lawyer but you are suffering and this is costing you money. You are in pain every day blah blah.

    Good luck.

    Lawyers will always be the winners - whatever path you choose :-)

  • digitalbath on 28/11/2022 - 22:37

    What’s wrong with your big toe?

  • berry580 on 28/11/2022 - 23:19

    Get the million dollar payout from the council that you're entitled to, you just don't know it.

  • FloatingPoint on 29/11/2022 - 11:31

    Council will cut all trees down in the park soon if you win a case like this.

  • ForkSnorter on 04/12/2022 - 07:52

    Exposed tree root, are you kidding me? Perhaps you should sue your optometrist for not providing you with proper glasses? Or sue the education system for not teaching you how to walk safely? Or sue yourself for not looking ahead of you while walking.

  • Bargainitis on 08/12/2022 - 17:54

    One thing you could do if its not compo that you're after is to demand the golf club to fix this issue. You'll be a good samaritan, not a karen, and get some "justice"?

    Sorry to hear about the ankle, it is frustrating I am sympathetic. Hope it recovers in time.

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