fallen over in super market.

[TailorMade]

I think as others have said, its sounds like an unfortunate accident. Even if your mother successfully brings a claim on a no win no fee basis, your mother is unlikely to recieve much, unless she ends up out of work for months, which given the lack of medical treatment etc is unlikely.

If she needs time off work, other than a few days self cert (for which she will be paid, therefore does not lose out financially) then you will need medical evidence to back it up.

If the yellow a-board signs which say "Caution, Wet floor" were in place, again - the shop has probably complied with its duty of care, while a contract cleaner deals with the spill or the rain on the floor.

You may find the best course of action is just to accept it was an unfortunate accident. By all means phone the store manager and say your mum is in terrible pain, you think the store could and should have done more and your mum would appreciate a goodwill gesture to encourage her to return for her future weekly shopping - maybe you will get a £30 voucher and a bunch of flowers..

Seriously though, I know solicitors who work in PI, Med neg etc and people have got relatively low figures of compensation for utterly shocking accidents which were the fault of a big company, so don't waste too much time on this!

 

[puffin]

Oh Come off it.

The OP first says in The opening post It was raining outside?

Then the next post says, spilt liquid..


Surely??

If someone was that serious about posting it on this thread and wanting advice, this should have been the FIRST thing said?

Not the second thing, that was only brought up because somebody had said something?

 

[Drpepper]

To say it is 100% an accident without the facts is nonsense

Go on then, how can slipping up, in any situation, not be an accident (unless your the late Norman Wisdom!). You slip because your not walking correctly for the circumstances, or not looking. Yes a spill should be cleared up, but it's very easy to also walk around. Personal responsibility is what is required.

Hate this blame culture that we seem to be living in

 

[robertt]

Go on then, how can slipping up, in any situation, not be an accident (unless your the late Norman Wisdom!). You slip because your not walking correctly for the circumstances, or not looking. Yes a spill should be cleared up, but it's very easy to also walk around. Personal responsibility is what is required.

Hate this blame culture that we seem to be living in

If I am walking in a supermarket I do not tip toe about wondering if there is something spilt there.

I do not check the grip on my shoes every time I go out

I do not conduct a risk assessment on amount of rainfall before venturing outdoors.

I am reasonable and assume that I can conduct myself in a decent manner and others will as well.


In terms of the OP, if the spill had just happened then it is likely an accident. If however the spill is there, the supermarket has known about it and chosen to ignore it (or their staff has) then they are responsible for it.


Real life case:

Mrs Ward had been shopping at the Tesco supermarket in Smithdown Road, Liverpool when she suddenly slipped and fell on yoghurt hurting herself. It was not clear who to blame for the yoghurt spillage. It could have been another customer, or Tesco staff.

In Court, Tesco staff stated that they had spillages about ten times a week and that employees of Tesco had been instructed that if they saw any spillage on the floor they were to stay where the spill had taken place and call somebody to clear it up.

The Court concluded that the accident had occurred because Tesco had failed to take reasonable care in keeping the floor clean and clear of spillages and Mrs Ward was entitled to compensation for her injuries and loss.

I think thats fair enough if Tesco had not taken reasonable care.

As above, I dont and should not have to check every square foot of retail or office space I enter.

Do you?

 

[Drpepper]

If I am walking in a supermarket I do not tip toe about wondering if there is something spilt there.

I do not check the grip on my shoes every time I go out

I do not conduct a risk assessment on amount of rainfall before venturing outdoors.

I am reasonable and assume that I can conduct myself in a decent manner and others will as well.

I think that is my point exactly

The Tesco case may have been won, doesn't make it morally correct though as had the "victim" been looking where she was going it wouldn't have happened.

And if the OP's Mothers fell because of the rain, as was suggested (at least originally) then who's fault?

 

[robertt]

Wow - so you do check every inch of where you walk about in life?

I bet going out and about with you is fun.

You are not a health and safety inspector are you by any chance?!

 

[Drpepper]

Wow - so you do check every inch of where you walk about in life?

I bet going out and about with you is fun.

You are not a health and safety inspector are you by any chance?!

No, that's what I have been saying - accidents do happen with no blame because you can't cover every eventuality, that is why they are called accidents. You alluded to this in your post I quoted above.

Mind you if you can get a few quid out of Tesco........

 

[Matt1959]

this is a tricky one If theres soemthing like yogurt on the floor then you have to prove that the staff were notified but that they refused to take immediate action - then, you would have a case for compensation IMO. If the spillage had just happened and the staff hadnt had time to at least put a sign up, then I dont know what the answer is as - what about cooking oil? you'd be hard pressed to spot that on the floor breaking your neck and ending up in a wheelchair paralysed from the neck down as result might put a different slant on things:|

 

[TailorMade]

@Dr Pepper - every little helps..

This is not any PI claim, its an M&S PI claim..

@someone else - forgot who - re checking every inch... maybe not every inch - but people do generally look where they are going don't they? I know I always try to avoid lamp-posts and dog sh*t and have been relatively successful for the last 10 years. In fact, I haven't stepped in any mess since the last time I did it - which proves others right - you do learn from your mistakes!

 

[robertt]

If the spillage had just happened and the staff hadnt had time to at least put a sign up, then I dont know what the answer is as - what about cooking oil? you'd be hard pressed to spot that on the floor breaking your neck and ending up in a wheelchair paralysed from the neck down as result might put a different slant on things:|

I believe Drpepper would have spotted this though.

"how can slipping up, in any situation, not be an accident . You slip because your not walking correctly for the circumstances, or not looking. Yes a spill should be cleared up, but it's very easy to also walk around."

 

[Drpepper]

I believe Drpepper would have spotted this though.

"how can slipping up, in any situation, not be an accident . You slip because your not walking correctly for the circumstances, or not looking. Yes a spill should be cleared up, but it's very easy to also walk around."

Maybe I would, maybe I wouldn't. If I didn't see it I would surely be as much to blame (if not more) than whoever happened to own the piece of land.

 

[Barnie]

there is a difference between negligence of duties and an accident.

the later is a factor of life, Being a human being you have to accept that things happen in life, sadly claims for you and others don't believe this.

If a company does nothing once the spillage is know then its negligence, if between the spillage and it being reported somebody slips then its an accident. add regular isle checks and extra precautions in the rain then what on earth is a company supposed to do.

i used to work for a large company (like a supermarket) and do all the legal compliance in store, it was a nightmare, you literally had to be physic and think for the stupid.

The store actually stopped just giving claims out and started fighting them, very few went to court as the claims companies wouldn't take it further after being requested what more reasonable action could a retail store take to prevent the said accident.

 

[Shay]

I fail to see how slipping can be anything but an accident. If you are looking where you are going and walking according to the situation it can only be an accident. Even if there was something on the floor it's still an accident, just happens you didn't see the obstacle - that's how accidents happen.

Now if someone had pushed her, deliberately tripped her, threw a can on Heinz 57 at her that would be different

Please note there are other varieties of Baked beans such as Branstons, tesco value, etc. No beans were hurt in this imaginary reconstruction but if you have been disturbed by this please ring the National Bean hotline coming up at the end of the programme.

 

[Faevilangel]

Coming from someone who works in a supermarket and sees this every so often, 99% of accidents are down to human error e.g. not looking where they are going.

If there is a spillage on the floor, the staff member has to stand over it and stop people falling on the spillage. Only when the maintenance team turn up and clean up and it's safe to walk on, can the staff member leave.

Any accident in our supermarket has to be written in the log book and then if the supermarket is at fault, we have written evidence of what occured, when and what steps were taken to stop the issue happening again.

This could be different in other shops, but it gives our bosses the necessary information to be able to deal with any claims that do arise.

OP if your mum was seriously injured, did she get a first aider to see to her injuries and ring the ambulance if necessary? Has she seen a medical professional to look at her injuries? It may be bruised but could be any injury you cannot see.

Only if you have hard evidence that her accident was due to negligence by the store staff, that you would be entitled to a form of compensation. Doesn't she get sick pay by her employer for illness and injuries restricting her from her duties?

If you do want to go ahead with the compensation route, then go back to the store and speak to the duty manager, check if the accident was recorded and ask them for the details to make a claim (normally writing into the stores head office).

 

[saxondale]

I once slipped on a harbour wall after a particularly large wave crashed over it - who do I sue?


answer via PM please.

 

[Drpepper]

I once slipped on a harbour wall after a particularly large wave crashed over it - who do I sue?


answer via PM please.

Shay - he'll probably pay up in Baked Beans - I think he has connections in that industry

 

[mobyme]

I once slipped on a harbour wall after a particularly large wave crashed over it - who do I sue?


answer via PM please.

You can't fool us. You were doing your King Canute thing weren't you? Nice to see you back by the way. Ding ding' seconds out.

 

[cjd]

I once slipped on a harbour wall after a particularly large wave crashed over it - who do I sue?

That sounds like an act of God. Contact the Devil's Advocate on 0800 666 666

 

[dynamic08]

Im passing on her comments so no silly comments aimed at me please.

She feels as though the floor should have been slip proof and as she pointed out what if it was a 90 year women who fell over (could be very serious) luckily shes not 90!

Believe it or not but she walks everywhere and that includes when its raining and even snowing and she does not fall over so she is angry at the supermarket!

 

[The Pines]

Im passing on her comments so no silly comments aimed at me please.

She feels as though the floor should have been slip proof and as she pointed out what if it was a 90 year women who fell over (could be very serious) luckily shes not 90!

Believe it or not but she walks everywhere and that includes when its raining and even snowing and she does not fall over so she is angry at the supermarket!

Could they lay down a floor that's 'stupid proof'???

 

[arcon5]

Believe it or not but she walks everywhere and that includes when its raining and even snowing and she does not fall over so she is angry at the supermarket!

I don't think this a a valid argument i'm afraid.

It doesn't matter if you have walked on ice a thousand times, your still likely to slip, loose your footing or something now and again - even if it doesn't cause any serious harm.

Its sadly an unfortunate part of life, accidents happen

Its still upsetting to everybody around non-the-less.

 

[Faevilangel]

She feels as though the floor should have been slip proof!

It's her responsibility to judge the floor conditions and take car when the floor is wet or her shoes are wet.

Put it down to experience and tell her to look where she is going next time

 

[arcon5]

Like driving a car, you have to increase braking distance, slow down and basically be aware of the hazardous conditions... if suddenly your car skid in to the back of another car because you mis-judged that part of the road or your own speed you can't sue the council or land owner.

 

[DPOM]

ahhh the ole slip over in the supermarket chestnut

Get real, put your attention into making an honest living. If it was that easy we'd all be doing it.

 

[Esk247]

I think the OP was just curious folks. I don't think he makes his mum slip over in the local supermarket to make claims and live off the earnings.

Morally it is wrong to claim and 99% of people feel like an idiot about it then move on and forget about it. 1% of people (or more) will make a claim and it is then up to the solicitors and other parties to see if there is a case for compensation or not.

 

[Shay]

Starting tomorrow with research, non slip tiles aimed at supermarkets and shopping centres, no need for mats, just non slip tiles. PM me now before I get too busy. Not even gonna trouble the dragons with this one, I want to keep all the money to myself.

 

[dynamic08]

Lol some funny comments.

many years ago my grandma fell over outside the house due to the floor being uneven (pavement) Im sure from memory she sued the council but she was in rather a sorry state.

Personally If it was me falling over in the supermarket I would just hope that nobody had seen me and quickly leave.

 

[ReaperGroup]

In reality, was a first aider called? What was there analysis of the situation?

More often than not they have to be the ones that add it to the database and then do any form of report.

The one i have seen alot (as i was a first aider for a major chain) - Alot of customers would say "its ok, i dont need help" and then when they tried to sue 4 weeks later, the report would clearly have it highlighted that they refused medical assistance.

 

[sellickbhoy]

Lol some funny comments.

many years ago my grandma fell over outside the house due to the floor being uneven (pavement) Im sure from memory she sued the council but she was in rather a sorry state.

Personally If it was me falling over in the supermarket I would just hope that nobody had seen me and quickly leave.

Hmmm, so grandma falls - gets compo
mum falls - claims compo?

sounds like a family "insurance scam franchise" you guys are running....

I'm guessing you are actually only asking on here to see if you can pick up any fresh angles to pursue a claim under!!

 

[TailorMade]

My mum's second cousin once got her thumb bitten off by a rogue giant hamster, through the bars on its cage. We wanted to sue the manufacturers of the cage and the superstore that sold it to us. Our lawyers said we had a good case. I don't think t ever came to anything. Maybe we can pursue it again!

 

[Esk247]

My mum's second cousin once got her thumb bitten off by a rogue giant hamster, through the bars on its cage. We wanted to sue the manufacturers of the cage and the superstore that sold it to us. Our lawyers said we had a good case. I don't think t ever came to anything. Maybe we can pursue it again!

Did you try to sue the hamster first though? due to it pretending to be all cute and fluffy then..NOM!

 

[TailorMade]

Did you try to sue the hamster first though? due to it pretending to be all cute and fluffy then..NOM!

Ah, good angle, thought about it - but the lawyer said we would probably only get peanuts going that route!

 

[dynamic08]

Some of you are rather childish! I guess you dont act like this in your day jobs Id rather hope not anyway.

 

[Drpepper]

Some of you are rather childish! I guess you dont act like this in your day jobs Id rather hope not anyway.

Deformation of character that - see you in court

 

[TailorMade]

Could be mileage in this as a class action!
But I do hope your mum isn't still in pain..

 

Some of you are rather childish! I guess you dont act like this in your day jobs Id rather hope not anyway.

Unless you are a children's entertainer, of course..

 

[movietub]

Some of you are rather childish! I guess you dont act like this in your day jobs Id rather hope not anyway.

Yeah I stand up for morality, reason, common sense and logic all day long. I actually fell in a clients pool today (whilst removing my waders) which was painful - it only had a foot of water left in it

But I also got wet so it was extremely ammusing for everyone else. Would have taken the edge off if I had photographed the scene and asked for witnesses. Thats how I roll.

In fact I can better that! I once fell off some very ropey access gear whilst working in Monaco, and the bloke in charge was well aware what I was doing was pushing the limits. But we had to cut corners as we were working for a massive client, with an immovable deadline. And all of us need to keep in tact our reputations for 'getting the job done in the face of adversity'. So I guess I could have made a fuss about safety, but safety obsessed people tend to get avoided in future in my experience. James Bond wouldn't work so well either.

 

[dynamic08]

Well your comments regarding monaco!

I used to work for a firm installing windows. sometimes a certain job should have been scaffolded as it was just to dangerous doing it from a ladder.

another time we was 4th floor flat very high up and the windows were ali and about 4 metres longs.

The only way to get them up was roping from the outside and standing on the customers window ledge with an open hole.

Should I have done that bol*ox - did I do it yes I did - would I do it again like fuc* would I.

risking my life to help pay for the guvs next sports car!

 

[Mason1985]

either accept its an accident, and hey - **** happens,

or become part of the claim culture and go for it.

 

[movietub]

Well your comments regarding monaco!

I used to work for a firm installing windows. sometimes a certain job should have been scaffolded as it was just to dangerous doing it from a ladder.

another time we was 4th floor flat very high up and the windows were ali and about 4 metres longs.

The only way to get them up was roping from the outside and standing on the customers window ledge with an open hole.

Should I have done that bol*ox - did I do it yes I did - would I do it again like fuc* would I.

risking my life to help pay for the guvs next sports car!

4 stories up! I wouldn't have done that, I use a harness anytime I'm anywhere near that high up and 'winging it' regards apparatus. I guess it's different as I don't have a boss. But there are plenty of times there is a site manager etc that could easily be made responsible.

But generally the sort of projects I work on involve a collection of people that all have a good track record of doing the impossible or the jobs which lesser men run away from screaming!

It's possible to create and navigate a lot of 'dangerous' situations without actually risking a propper accident. Most H&S gumpf assumes there is no common sense present at all (ladder training...). Assuming you have a brain, and a basic understanding of physics, death is not always waiting for you. Thats my point regards slipping on a wet floor. Sure you argue someone should have dried it or warned you somehow, but it's impossible to kick up a fuss about these things, without admitting that after a few million years development, you don't have the skills required to deal with it yourself!

So I don't fall off things and land on my head, nor do I cut fingers off by mistake. But a healthy quantity of bumps and grazes are always present. It's called getting on with it!