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

  • Xistn on 24/11/2022 - 11:34
    +247

    Look where you're going next time :P

    • MS Paint on 24/11/2022 - 11:42
      +19

      The legal Latin term is…

      vide quo vadis

      • DazMon on 25/11/2022 - 08:09
        +2

        Why the downvotes?

        • MS Paint on 25/11/2022 - 08:47
          +17

          People don't understand Latin these days

          • blitz on 25/11/2022 - 12:19
            +1

            @MS Paint: Tempora mutantur et nos mutamur in illis.

          • [Deactivated] on 25/11/2022 - 12:46
            +3

            @MS Paint: neither latin nor latinas.

          • JPerez on 25/11/2022 - 13:56

            @MS Paint: Peasants!

    • initiateit on 25/11/2022 - 09:42
      +14

      This this and this. If you couldn't see that huge mound of deformed asphalt then get your eyes checked while you are at it.

      But I will say after this happened they should at least grind the area back or paint it with fluro paint.

    • CalmLemons on 26/11/2022 - 19:17
      +1

      Your responsibility to watch where you're going.

      Incident reports are more of a formality than anything else for the club as record keeping, won't do much for you.

      It appears you have a massive fungal infection on your toe, you should get that checked by the doctor.

      Honestly why is there a cut up bone next to your swollen ankle.

      • CalmLemons on 27/11/2022 - 14:45

        Furthermore, would see an ankle specialist if it was me. Not medical advice. They would take an MRI and see what's going on with the soft tissue.

  • PissLUR on 24/11/2022 - 11:41
    +73

    blame everyone else.

  • cafeman on 24/11/2022 - 11:41
    +77

    Legally, you'd need to talk to a lawyer. Maybe you have a case, maybe you don't. However, I don't think OzBargain is a good place to seek advice.

    Philosophically, there's roots and walking hazards everywhere; I'd personally chalk it up to bad luck. It sucks to be injured but if I were to get dumped on a private beach and suffer whiplash, I don't think I'd sue the surf club.

    • Brianqpr on 25/11/2022 - 18:39
      +8

      Also zero evidence on what actually caused the injury. Time to move on.

  • Jimothy Wongingtons on 24/11/2022 - 11:51
    +2

    As part of the golf club what did the t&c's on sign up and agreement to use club facilities, what did it say about getting injured on club property?

    • Sinnerator on 25/11/2022 - 08:40
      +10

      It said that should Jimothy ever enter this property they get all his assets and all his body organs.
      Oh, wait, just because a sign says something DOES NOT mean it's lawful.
      See a lawyer.

    • boretentsu on 25/11/2022 - 23:14
      +5

      I don't think you can T&C out of a duty of care.

  • AustriaBargain on 24/11/2022 - 11:52
    +5

    I rolled my ankle about 8 years ago and it hurt to put weight on it for years, was stiff and clicked for years longer, and today it still gets stiff and sore after standing on it all day. I think my cartilage of whatever is made of jelly.

    • cookie2 on 24/11/2022 - 21:28
      +20

      I can empathize. But the serious question is… what flavour are we talking about?

      • kaleidoscope on 25/11/2022 - 17:48

        bone marrow

      • Bren20 on 25/11/2022 - 19:38
        +4

        Port whine

    • morse on 25/11/2022 - 20:26
      +1

      It’s worth noting that some fractures do go missed and written of as a bad sprain. Some of these fractures/avulsions would be better managed with a longer period of immobilisation and non weight bearing than a sprain. There’s also potential surgeries if it’s a soft tissue injury

      • AustriaBargain on 25/11/2022 - 21:28

        I did have it x-rayed several years later and it came up clean.

        • capslock janitor on 26/11/2022 - 10:19

          Apply COMFREY @Jules_d1

          There are videos on YouTube

    • OhNoUShiz on 26/11/2022 - 13:58

      Sadly, it will never fully recovers. Had the same injury for 20 years and still get the feeling of shoulder popping out…

  • Porker on 24/11/2022 - 11:52
    +7

    People to some degree have to be accountable too - the tree root appears to be quite obvious, or at least a deformation in what the rest of the area looks like.

    It's not explained in your description why you didn't notice it - where you walking where it's designated or understood that people would walk? Where you cutting across an area not meant for walking because you didn't want to get wet?

    I previously had to deal a situation where a person somehow walked off a walking path, through a garden bed and managed to hit their head on the underside of a falling/lowering ceiling for a stair case. They sued saying that the ceiling was too low and we were at fault.

    My question back was, what were you doing at the time to be unaware that you walked through a garden bed and not see the clear obstruction that was approaching. Response - I was looking at my phone.

    Just highlighting that the club can only do so much before general people have to be accountable for their action. In my mind though, it depends if that area you fell was a walking area or not. If so, then yes, I'd generally say pursue action, but if not, then it may be harder to demonstrate that there is a safety issue.

    • Jules_d1 on 24/11/2022 - 13:43
      +1

      Thanks for the articulate reply.

      The root in question is in the car park. A common area where people walk, just like at a shopping center.

      While I cannot recount exactly what I was doing, I can only assume I was looking for cars to avoid being hit. As it was drizzling, i certainly wasn't on my phone.

      • Boostland on 26/11/2022 - 08:30

        Running in carpark is verboten

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

        'While I cannot recount exactly what I was doing, I can only assume I was looking for cars to avoid being hit'

        as you hurt your foot on something you stood on, I can only assume you weren't paying attention to where you were walking.

  • [Deactivated] on 24/11/2022 - 11:58
    +2

    I guess if you were going to seek compensation the first question would be 'is this the authorised footpath/walkway back to the clubhouse?'. If yes then it is not being properly maintained to prevent injury. If no then why were you not using the official path? Is it foreseeable for the club to have their patrons go down this 'shortcut'?

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

    You could've called for an ambulance yourself if you felt/were in so much discomfort. Then you'd have a report to submit for compensation.

  • Duckie2hh on 24/11/2022 - 12:03
    +11

    You may need to get your eyes check. Recommend an appointment at Specsavers.

    TLDR: get over it snowflake.

  • Fredfloresjr on 24/11/2022 - 12:07
    +17

    If this happens back in my country Philippines and you raise this concern, the only response you will get is "ay tanga" (idiot).

    In short, there is no one else to blame on this incident but your self.

    EDIT: No Karen privileges in my country. None.

      • Deridas on 25/11/2022 - 14:26
        +8

        I think Fred's point was that we're a little snow-flakey here in Australia, using another country's culture as a contrast.

        • Lunarboogie on 25/11/2022 - 18:09

          I get that. But the comparison is irrelevant. Which is why in jest I mentioned equally irrelevant markers.

          One thing I do agree with, though, is that it is more fun in the Philippines - Mabhuhay!

      • JungliChilli on 26/11/2022 - 10:12
        +5

        We don't have corruption here? Don't be naive..

      • gakko on 26/11/2022 - 12:00

        Exactly. Maybe it's a case of just being more careful but just because a country has zero protections for people doesn't make it 'tougher'.

    • ssfps on 28/11/2022 - 12:41

      With how many philos immigrate to aus, i imagine a lot of them prefer this culture to the one back home, perhaps yourself included.

      Your comments reeks of Karen-ness.

  • mbck on 24/11/2022 - 12:09
    +4

    Was the ankle stabilised (moonboot) for 8 weeks?

    • Jules_d1 on 24/11/2022 - 13:41
      -1

      No, the ankle was not stabalised in a moonboot for 8 weeks.

      I was off my foot for 3 weeks as per directions and has been taped and braced ever since…..as per professional direction.

      • initiateit on 25/11/2022 - 09:48
        +1

        So it was fractured or it wasn't? A moon boot would have saved you here. The swelling is your bodies way of telling you it isn't ready to be weight bearing.

        If it's still giving you grief then it's not too late to get a moon boot. That's what I would do. Feet are too important to have pain.

        • Jules_d1 on 25/11/2022 - 10:08
          +1

          The small fracture was on top of the foot. Doc said something like will just heal on its own. It was moreso tendons and ligaments which were his concern.

          I've followed all steps the doctor and physio have suggested and then some.

          • Embaloo on 25/11/2022 - 17:06
            +1

            @Jules_d1: Agree with @mbck, not a doctor but moon boot for 8 weeks or the appropriate stabilisation for a longer time period is likely what it needs, as awkward as it is.

            • crashcw on 26/11/2022 - 11:19
              +6

              @Embaloo: as an orthopaedic doctor this is exactly what he doesn't need - early active range of motion following a brief (5-7 days) period of RICE - 8 weeks in a cam boot will lead to a deconditioned and unstable ankle. I treat ankle sprains with tubigrip and nothing else

              • Embaloo on 26/11/2022 - 12:11

                @crashcw: I trust your expertise, my thoughts are anecdotal and only from fracture experience. I assumed from OPs comment above that the issue was more the fracture, only just read more about the ankle in the long post. :S Extended immobilisation solved my foot fracture pain issues but this different & more complicated.

                Thanks for the correction.

                When it's combined with the fracture though, does this make much a difference in treatment?

              • initiateit on 26/11/2022 - 14:04
                -4

                @crashcw: It's pretty obvious this joint isn't responding to physical therapy or weight bearing well. It's back to the start with rice and immobilisation.

                Your body needs to heal before you start strength exercises.

                I'm not a doc but I have had an ankle reco, a protruding fracture of the tib, dual stress fractures or bilateral if you please of the 5th metatarsals and a good dash of plantar fascitis.

                Done many months in rehab over the years. Docs who tell you to exercise on swollen joints are ones you avoid.

                • sarham11 on 26/11/2022 - 17:17
                  +6

                  @initiateit: Right, I wasn't going to weigh in, but now seems like a good time.

                  As a musculoskeletal Physiotherapist with a keen interest in the foot & ankle, I have to agree with both @BoneDr and @crashcw - a CAM boot, while yes, it does keep the ankle and foot immobilised, there is more than enough evidence to support early mobilisation and exercise in ankle rehab. Advising someone goes back into a boot (with no medical knowledge) is foolish, and can result in a longer period of rehab & recovery due to loss of balance, proprioception and muscular strength and control around the ankle.

                  In my experience, most Drs & Physios will not recommend a CAM boot for a stable, uncomplicated avulsion fracture/ligament tear (i.e. not overly displaced fracture or grossly unstable ankle joint). In someone whose goal is to return to golf (assuming you're not sprinting around the course or undertaking high-level agility based tasks), the rehab provided by the Physio you have been seeing (assuming you are doing the exercises/rehab as prescribed) should be improving your function slowly. High grade sprains/tears do take time to resolve, and swelling long after the resolution of pain/improvement in movement is very common.

                  Obviously, and hopefully your Physio is onboard with this @Jules_d1, if you are doing all that has been prescribed and still no resolution, it would be worth looking into an MRI to rule out deeper chondral damage (which bear in mind, will often only provide an answer, and not actually alter any of your management).

          • Gamer Dad Reviews on 27/11/2022 - 08:46
            -6

            @Jules_d1: Doctors are idiots (well, most of them, anyway)

        • HerpinDerp on 26/11/2022 - 12:18

          It wouldn’t have changed the treatment outcome much. As long as weight bearing is achieved it’ll be ok.

          Resorting to one now is pretty late. A visit to the Podiatrist would be good. Tissue acceleration treatment such as Shockwave will be good.

      • CanadaAye on 25/11/2022 - 19:05
        +2

        It sounds as though you got some poor medical advice, which is not your fault. Setting aside the fracture if it was a torn ligament you need to be in moonboot for 6 to 8 weeks locking it in place so that the ligament can repair correctly. That includes wearing it to bed.

        I tore a ligament a couple of years ago playing sport. Dr put me in a cast the following day and once removed my physio had me immediately in a moon boot for approaching 8 weeks. I wasn't able to drive for quite some time also. I've made a full recovery no pain or issues whatsover. It was shocking pain and massive swelling and bruising when it occurred with swelling taking quite some time to go down.

        Of course it depends which ligament(s) were damaged but off your foot for three weeks and then "taped and braced" ever since does not sound like it was properly stabilised and therefore could not heal correctly. You may want to get a new doctor and physio and get new ultrasounds and xrays done.

        I'd be much more worried about getting your ankle sorted than any sort of action against the club.

        I would be annoyed if they didn't at least fix the offending roots though!

        • BoneDr on 25/11/2022 - 23:34
          +10

          Don’t think the doc managed it poorly at all . . Again injury specific and in absence of chondral cartilage injury etc the boot does not do a great deal to help it heal, it’s largely symptomatic management - immobilisation helps with pain and swelling. High grade ankle sprain (like it sounds the OP has suffered probably with what sounds like an anterior capsular avulsion) does well with early weightbearing with or without a boot and early link in with physio for a pretty standard early rehab protocol. That’s not to say that the boot makes it much more comfortable to mobilise in that period, but there is no hard and fast rule for length of time in a boot or even a boot at all. These injuries are a spectrum and people recover at very different rates.
          Swelling persists from high grade sprain minimum 3 months, even up to 6-12 months in high grade sprain. In OP case not unreasonable to consider MRI to rule out chondral injury / peroneal sheath injury however clinical photo looks largely like anterolateral ligament complex injury.
          My advice is keep up the physio and seek an MRI if not incrementally improving.

          (I’m an orthopaedic doctor)

          • CanadaAye on 26/11/2022 - 07:22
            -1

            @BoneDr: I'm just sharing my experince and recovery. As much as it was frustrating wearing a moon boot for such a lengthy period of time you can be pretty mobile whilst wearing it and it gives the condifence that you won't accidentally jar or overstretch during recovery, holding the ankle in a fixed position allowing the ligament to heal (in my scenario). How long it requires depends on the severity of the tear. As you've said though the OP said it was a bad sprain rather than a tear.

            The swelling for me did persist beyond 3 months but became manageable and only a relatively minor discomfort. I didn't rush back to playing sports as it happened near the end of my season. The advice and treatment I received was from my physio who I was very happy with. Every person and every injury is different but it sounds like the OP is not happy with the way his recovery has gone which has lead to his frustration about the whole scenario.

            Thanks for contributing with your professional opinion which is much more valuable than mine. Would you say that 12 weeks on there should be painful swelling and inability to jog in an average recovery from a high grade sprain?

            • callum9999 on 28/11/2022 - 12:03
              +1

              @CanadaAye: It's quite frustrating that at least a few of you have stated that the "medical advice was bad" or "you should have had X, Y and Z done", then when you're corrected by a doctor reply with "it's just my experience" without acknowledging you shouldn't be handing out ill-informed medical advice. Even if the description actually was exactly the same as what happened to you, that doesn't remotely mean the same advice applies.

              You'd hope that people wouldn't follow random advice from internet strangers, but unfortunately some do. People need to be more careful with things like this.

              • CanadaAye on 29/11/2022 - 00:15

                @callum9999: It's just my opinion obviously. The OP sounded like they were frustrated about how slow their recovery is and was quite vague about their treatment. I only had the best of intentions tbh it did sound like the OP was back on the ankle prematurely based on the degree of implied swelling.

                If you take your medical advice from a bargain forum you've probably got more significant issues. Nothing I said was even remotely dangerous I didn't suggest he do anything I did but rather that he seek a different medical opinion, I also put a very obvious caveat that it depends which ligament was damaged and in what way.

                The great thing about the internet is Cunningham's Law. I posted my opinion and experience and then someone more qualified countered with their more valuable advice. The OP gets some degree of validation about his existing treatment (again not that he went into great detail about it) which I can guarantee wouldn't have been posted if there wasn't someone to correct 😉

                • MagicMushroom on 29/11/2022 - 01:02

                  @CanadaAye:

                  if it was a torn ligament you need to be in moonboot for 6 to 8 weeks locking it in place so that the ligament can repair correctly. That includes wearing it to bed.

                  Sounds like a medical advice rather than opinion.

                  If you take your medical advice from a bargain forum you've probably got more significant issues.

                  The great thing about the internet is Cunningham's Law. I posted my opinion and experience and then someone more qualified countered with their more valuable advice.

                  So internet is great and has valuable advice but who in the right mind would believe them???

                • callum9999 on 05/12/2022 - 07:33

                  @CanadaAye: Sorry for the late reply. That's a common phrase thrown about in cases like this, but you didn't present it as an opinion. I never doubted you had anything other than good intentions.

                  If only idiots would follow your advice, why give it?

                  I can see why that's great if you're the one throwing around inaccurate information, but as someone who regularly corrects that misinformation, I don't find it great… Especially when people prefer the sound of the original misinformation and so don't read or listen to any rebuttals.

          • crashcw on 26/11/2022 - 15:56

            @BoneDr: also as an orthopod I completely agree with the above

      • jrowls on 26/11/2022 - 12:32

        taped and braced all the time?

        i've done basically every sprain and tear possible on both ankles (and the associated rehab).

        taping and bracing is old school physiotherapy. i'd drop your physio and find another one.

        having ongoing pain and swelling is totally normal for bad ankle injuries though. it may never be 'normal' or perfect depending on what you've done. i had a bad syndesmosis injury on my right ankle a few years ago and full recovery was around 12 months. i've currently got a pretty bad left ankle injury that was about 6 months ago and it's still not perfect.

      • Hangryuman on 26/11/2022 - 15:16

        'I was off my foot for 3 weeks'

        wonder how that compares to being off your face for 3 weeks ?

      • fleetfeather on 26/11/2022 - 23:43

        The direction for bracing is not three weeks - you wear a brace according to a combination of symptoms, your lifestyle, and your self-management.

        The ortho doctor concurs (lol) with this below, too

  • Xistn on 24/11/2022 - 12:11
    +33

    You have a fungal infection of that Big toe nail.

    • keejoonc on 24/11/2022 - 12:32
      +5

      Yuck.

    • JH100 on 25/11/2022 - 18:47

      Try white iodine for that.

      • Xistn on 25/11/2022 - 20:11
        +3

        I'd cut my losses and chop it.

        • derrida derider on 26/11/2022 - 08:46
          +1

          Chop the whole foot with it - end of ankle problem!

    • Melong on 26/11/2022 - 00:43

      Came here after it was pinned to point out the big toe. Nasty

    • HerpinDerp on 26/11/2022 - 12:19
      +1

      It’s actually not.

      It’s congenital malalignment of the hallux. I’m not even joking. The giveaway is the nail doesn’t track straight. It’s repeatedly growing newer layers. It’s called ‘too many toe nails’

      There might be a sub clinical fungal component too.

    • Jules_d1 on 27/11/2022 - 11:56

      Just to clarify, 2 things had happened to that 2.

      1. I had the sides removed as a teenager as i kept getting ingrown nails. Had both big toes done.

      2. Had a 55kg iron dumbbell dropped on it when I was in my early-mid 20's can't recall exactly. The nail basically doesn't grown anymore. Podiatrist said something along the lines of the nail bed being damaged.

      Fair to say I won't be a foot model at any stage.

    • iDroid on 27/11/2022 - 19:42

      It came from the short/pants.

  • Drakesy on 24/11/2022 - 12:16
    +8

    I feel as though the tree root is a safety hazard, has caused injury and then the incident was managed poorly.

    Now, you'll need to prove negligence in this case.
    The golf club would have to of been notified of the issue and failed to fix the issue.

    Also we're not in America where you can sue for excessive costs etc.
    You'll need to prove damages and loss of income

    You can lawyer up, but after lawyer fees it'll be touch and go. They could always counter-argue that you weren't looking where you were going/jogging in the rain in golf shoes (not the smartest), didn't go through the correct process of calling an ambulance, doctor didn't provide the correct diagnosis/aftercare etc…

  • Ghost47 on 24/11/2022 - 12:18
    +1

    Maybe you need a second opinion on it from another GP or specialist or something.

    I wonder why the swelling hasn’t gone down at all?

    Cheapest option will probably be to suck it up and pay for surgery. It’s probably a small price for you to pay to get golfing again.

    Nice foot by the way.

  • Richmond Tigers on 24/11/2022 - 12:18
    +4

    Post to r/auslegal, prepare yourself to get spoken to like you are the dumbest person on earth, sift through 99% of smug prick answers and find that 1% of actual advice that may help.

    • MS Paint on 24/11/2022 - 13:08
      +18

      So just like ozbargain forums?

      • Xistn on 24/11/2022 - 14:19
        +1

        JV, OzSlav have entered the chat.

  • star-ggg on 24/11/2022 - 12:26
    +1

    Should have insisted on completing WHS incident form at the time but that is 3 months ago now. What are you actually hoping to get from the club? If it's monetary you need to speak with a lawyer.

  • resubaehtgnolhcs on 24/11/2022 - 12:29

    GMP

  • c64 on 24/11/2022 - 12:31
    +1

    golf and high heels don't mix

    • Nugs on 24/11/2022 - 14:04

      and jogging
      .

  • bongom on 24/11/2022 - 12:33
    +5

    Jogging in golf shoes when path is wet not recommended?

  • Tee Rex Arms on 24/11/2022 - 13:06
    +2

    I’d not be so unco in the future

  • grimwagon on 24/11/2022 - 13:07
    +4

    r.i.c.e — rest ice compression elevation

    • Forfiet on 24/11/2022 - 14:12
      +9

      We are on ozbargain so I recommend a monetary themed acronym instead :P /jk

      H.I.P.R.I.C.E.S - Hydration, Ibuprofen, Protection, Rest, Ice, Compression, Elevation and Support

      • Domingo on 25/11/2022 - 12:29

        You forgot phenylephrine - it keeps getting included in OzBargain bundles, despite a lack of peer reviewed clinical evidence that it does anything as a tablet.

    • MS Paint on 24/11/2022 - 14:29
      +4

      J.A.C.K - Juice Acid Cannabis Ketamine

    • 900dollaridoos on 25/11/2022 - 12:28

      It's not rice anymore, it's M.E.A.T.

      (I'm actually not joking btw)

      • MS Paint on 25/11/2022 - 14:03
        +2

        Pleased to meet you I've got the m.e.a.t to please you?

  • Seraphin7 on 24/11/2022 - 13:11
    +4
    • No incident report or first aid administered/offered and let me drive home

    You seem to attempting to make the case the club should have done things at this point.

    But at no stage prior to "bumping into" the shop staff it would seem you made no attempt to address the matter to anyone who could have assisted with the incident report or arrange first aid. How is the club supposed to "do something" unless they are made aware of the issue.

    At the point of bumping into the staff, it becomes a bit "he said, she said". On one hand there's the version where you inform this person of everything that's gone on that may have given rise to taking more significant action. On the other there's the version where they spot you hobbling and offer you a lift to your car that you accept with very little other conversation. Again, this person is (presumably) not a medical professional and in the absence of your making it clear to them what's happened it's difficult for them to "do something".

    Whether or not you have a case for greater action against the club, I'll leave for others, but coming back to make a claim three months after the fact will at least create an additional hurdle in your complaint.

  • freefall101 on 24/11/2022 - 13:18
    +8

    Sounds like you want to sue them, if that's what you want to do then talk to a lawyer. Personally, I'd chalk it up to horribly bad luck. You might win a lawsuit but come on, did the golf course actually do anything to cause such a terrible injury? And yeah, I'd expect to not be a member there anymore.

    I'd stop seeing a physio, go talk to a GP and get a reference to a specialist. No point messing around with something like that when it's obviously not just getting better. Doesn't matter what your knowledge of rehab is, I'd get an MRI done on it to figure out what's going on.

    • Jules_d1 on 24/11/2022 - 13:48
      +2

      Yep. I'm already booked in for an MRI now. Thanks.

  • spal on 24/11/2022 - 13:27
    -6

    If you are in Victoria, then the following should apply in your case:
    If the club as paid employees or volunteers working, it would be considered a workplace.under the Occupational Health and Safety Act 2004.
    Section 23 of the Act:
    Duties of employers to other persons
    (1) An employer must ensure, so far as is reasonably
    practicable, that persons other than employees of
    the employer are not exposed to risks to their
    health or safety arising from the conduct of the
    undertaking of the employer.

    So, in my opinion I agree that the club should have done an incident report. For all those who blame you, I don't agree or disagree. But, as long a OP has not been reckless in their conduct, the Club can't absolve of its duties to non-employees.

  • Jules_d1 on 24/11/2022 - 13:34
    +7

    Thanks for all the helpful replies and not so helpful. God bless OZB.

    I think the fact I didn't run straight for a lawyer shows I am not crying victim and sue-friendly.

    The root in question is in the car park. A common area where people walk.

    While I cannot recount exactly what I was doing, I can only assume I was looking for cars to avoid being hit. As it was drizzling, i certainly wasn't on my phone.

    Pro shop manager already has acknowledged they didn't handle the situation correctly (No first aid, no incident report by the person on duty).

    While it doesn't really matter, I notified the manager about the tree root, which he agreed was an issue. He was going to pass it on to the maintenance team. So far nothing has happened.

    I never play the victim in life. I get on with things and am always pragmatic. This is an injury which I feel could have been avoided if their property was kept to a safe level and just curious to other peoples thoughts.

    I can walk away (no pun intended) and gain nothing from this and its fine but I guess when you pay a not-so-insignificant amount to be a member somewhere (Golf clubs aren't cheap), I feel as though there is a level of expectation of care and saftey (Other than getting hit by a ball!). I just feel like their could have been more compensation from the club based on this.

    PPS- For those who have shown desperate care for my toe, it had a 55kg weight dropped on it about 14 years ago. The nail never grew after that. Personally, I'm grateful I sitll have a toe! lol

    • cerealJay on 24/11/2022 - 14:12

      could have been more compensation

      Yep. Those roots look nasty, and are clearly a hazard. The asphalt is pushed up, sharp edges, it's bad.

      If just one other person trips over this hazard, that would be two people injured so far due to lack of maintenance. I wonder how many victims the business will accept before they do something? It should be zero. Obviously it's a number greater than zero. That is why the law is on your side, if you choose to go down that road.

      • Jules_d1 on 24/11/2022 - 15:23
        +4

        A 55Kg iron dumbbell landing on your foot isn't much weight?

        Go drop one on your toe and report back to me how you ended up.

    • HelpMeiCantSee on 25/11/2022 - 08:31
      +5

      The big issue with the location of the root is that it’s not located on a walkway. Could you sue council for tripping in a pothole on a road?

      Also, having personally sued (and proven) for medical negligence (significant life changing injury which ended up leading to death), a few things to note: 1- it’s a LONG and hard process. And it costs you to get medical records, specialists etc. 2-Legal teams are expensive. My Barrister alone cost me $100k. 3-Compo is shit, and so not in line with injury. It’s really quite hard to get real money, and the harder it gets the more it costs too. As an example, if the injury meant that you could not use the leg any more at all (100% permanent injury), you’d likely max out around 5-800k.

      In short, it’s not worth it unless it’s seriously damaged your life. Sometimes shit happens.

      Oh, and sprains aren’t a quick magic fix injury, they can take a looong time to fully heal and often bruise horribly!! They suck, but they happen.

      • Handymancan on 25/11/2022 - 13:25
        +1

        Yes, definitely sprains take a long time to heal.
        You're looking at closer to a year to get good recovery.
        After 3 months, mobility exercise helps. Recommend to do some remedial massage on that ankle perhaps to break down the swelling tissue early before it remains fixed.
        You need to keep that ankle mobile with light stretches and movement.
        Then slowly back into light exercises and sport with careful movement otherwise the ankle becomes too stiff.
        It will recover but takes a long time, be patient and nurture it.

    • bmxr on 25/11/2022 - 20:54

      I'm undecided on this OP.

      Enlighten me.

      What would you do if you tripped over on a tree root (or some other unexpected obstacle) on the golf course?

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