Defending the absurd

July 4, 2009

Dear Sir,

AN EVENING AT HENRY VIII

Dinner For Three: Food and Beverage $128.05

King Edward Hospital Charges (21) $34,163.00

Following dinner, March 15, 2009, I attempted to use the concrete stairwell, on the front of the restaurant, to get to the taxi stand at ground level. The result of my attempt was a serious accident caused by the absence of a handrail or any other safety device.

When a property owner fails to provide protection that is generally recognised as essential the charge would be gross negligence and they would certainly be responsible for costs and damages. Because of the negligence of the Henry VIII owner I was unable to avoid going into free-fall down to the base of the stairwell. As I was being assisted to my feet a witness was heard to comment ". . . this is not the first for an accident on those steps."

The excellent diagnostic team at King Edward Hospital listed my injuries as: compound fracture of left arm and shoulder, extensive internal injuries and loss of blood, widespread contusions, and serious loss of blood pressure. Also, the indication is that I will never recover the full use of my left arm. Never does a day go by that I am free of pain and anger about an accident that happened because of negligence. My anger was shared by a visitor in the hospital when she revealed that her family had a similar experience with " . . .Henry VIII and those front steps . . . hospitalisation and medical expenses to pay."

Prior to my discharge from hospital on April 3, I engaged a councillor to consider the feasibility of litigation. I was presented with a collection of court records directed specifically at handrail cases. Every judgment was made for the defence and against the plaintiff! Rational: Hundreds, perhaps thousands, had passed through the so-called problem area without the benefit of a handrail without an incident; the accident suffered is the fault of the plaintiff!

The operant term in property, insurance policies is accident. The Oxford Universal Dictionary's definition of accident is "An unfortunate incident that happens unexpectedly". Even though hundreds of people passed through the Henry VIII problem area, the absence of the handrail was grossly negligent and was responsible for my extremely serious injuries! To defend the absence of a handrail is absurd. Colonial Insurance Company should insist that railings must be installed, where needed, in all buildings that they service.

Billions of homes and office buildings in the Western World feature handrails or banisters to assure the safety of all citizens. Reaching out for a means of balance or grip is habitual. When considering the natural reason for gripping and achieving essential balance, we must consider the evolution of man into a bipedal creature. From his very beginning of finally walking upright, gripping, holding and balancing has been his way. Handrails are important.

April 5, 2009 — I left Bermuda, having decided to reject the idea of litigation. Defending negligence seems to be acceptable.

April 15, 2009 I received from Wakefield Quinn: "For the record, we would just add that all liability by our client in connection with this accident is categorically denied and that any claim by Mr. Edwards will be vigorously contested".

D.L. EDWARDS

Wales, UK