Fall at tesco

[REKWOB80]

Hi dont know if im posting in right place or not sorry if not. The thing is I was in tesco on thursday and as I left I fell on the wet floor, the mat was away from the door and the floor was soaked as the weather was terrible, obviously because it was at the door and with people in and out. But there was no wet sign up and it hadnt been dried up either. I obviously jumped up because I felt such a fool as Im 28 yrs old, a member of staff did come to see if I was ok but I was just so embarrassed I went on my way. I was not seriously hurt thankfully but my leg is covered in bruises, and no doubt the cameras will have taped the incident. Im just wondering if there's any thing I can do?? I mean I just sufferred bruising and major embarrasment, but if this was an elderly person it would of been a broken hip or worse, as it was painful for me and like I said Im 28. Anyway thanks for reading and any advise would be good.

[Bigmac versus]

Proving neglect would be difficult in this instance as you say the weather was bad and your fall was a direct result of this, really it would depend on how wet the area was and if the mat was to blame for this due to being in the wrong place.

[barracad]

Furthermore the fact that you didn't report the incident at the time will go against you - if you had done so, it would have been recorded and the duty manager would have investigated and made a record of it, which they can't do retrospectively.

[REKWOB80]

Hi bigmac thnx for your response, I do think it was neglect as I fell from inside the store to out, if you know what I mean, and surely with the weather bad they should be more vigilant and have signs up as this is not the first time the floor has been wet. The mat is usually at the door when you walk in/out but it was quite away from it. My g.friend worked in a shop and they had to mop (quite dry) a walkway in, on occasion but always had to still put sign up. So fair enough if not sorted out but surely some sign to warn of slip danger.

[REKWOB80]

Thnx

[REKWOB80]

Thnx for reply barracad, but it should be on camera and I didnt report it because I felt a real d***. A member of staff did come to see if I was ok, but she didnt inform me about reporting it so I dont see how Im meant to know to do this, surely they should take some responsibility in informing people about this also. Ive been in since and do know some staff and find them friendly and they all remember the incident and some find it quite funny. (in a nice way).

[Bigmac versus]

It would actually surprise you how many people make complaints of slips/trips and falls several days after the event occurred which can be due to bruising and further problems arising from said incident. I cant speak for Tesco but i know of several shopping malls that keep video recordings for some time and if an incident is seen by staff they are asked to report it even if the person who fell didnt report it for any future claims.

[REKWOB80]

Thnx for the reply bigmac, Im really just after a letter to send them to inform them about this like I said if this had of been an elderly person I know from how I fell to what my bruising looks like now it would of been a very different situation for them. Like I said the staff are really freindly and I use the store regularly on a daily basis but this is not the first time the floor has been really quite wet. Im thinking maybe to inform the store manager or maybe thier head office not really sure on who would be responsible.

[Bigmac versus]

You would need to bring it to the attention of the store manager if your intentions are for them to be more aware of this and to stop further incidents.

 

If your intentions are to seek compensation then you need to contact the store and have the incident logged.

Contact your GP for the injuries to be noted.

Take pictures of the bruising.

Contact head office in writing of your complaint.

[shywazz]

I fell from inside the store to out..... then u knew in advance the condition of the weather, and should have been extra careful when exiting the store wheres hundreds of customers would have entered and exited making the area even more soaking than when you 1st arrived, the wet sign you say should have been there, might have been kicked to the side out of view by a child playing, it does happen.. even the strong wind might have blown it outta view, trying to blame the store would be pointless, as the possible things that could have happened to the sign are endless, and proving one sign wasnt there wouldnt be worth the hassle, unless of course you happened to have your camara with you or took photos with your phone to prove the sign wasnt there. its like claiming you have been short charged three hours after the transaction took place........

[JonCris]

If the sign not being there, for any reason, contributed to the incident then the store could be guilty of neglect, as might the slippery entrance/exit because their duty to keep it free of ALL hazards at ALL times is absolute

 

Nor is it up-to the victim to figure out what MIGHT have happened to any sign, windy or not

 

If a premises, including a private home or Supermarket are inviting members of the public to visit or enter their premises or home they have a duty of care to those visitors to ensure the pathways & entrances are clear at all times of any hazard & that includes a slippery surface..

 

Once you have notified the shop manager of your accident & if possible identified the staff member who came to your assistance you will then have to be medically examined by your GP

 

You will then have to decide whether or not to use a specialist personal injury solicitor who WILL, if they agree to take on your case, do it on the basis of a CFA which will, contrary to some ill-informed claims, cost you nothing.

 

However if your claim falls below a certain monetary level it will mean no claimant costs can be recovered & you then you may have to proceed yourself in which case just use this site where you will find guidance

[JonCris]

Forgot to mention take pictuers of your bruising particularly when they are most visible & easier to see on camera which is usually a couple of days after the incident

[REKWOB80]

Thnx for your replies jon chris you've been really helpful.

[revolting peasant]

However if your claim falls below a certain monetary level it will mean no claimant costs can be recovered & you then you may have to proceed yourself in which case just use this site where you will find guidance

 

The great litigation society:o

 

It would appear that the OP has suffered no financial loss from this incident so why would it be reasonable for him to make financial gain?

 

I would agree that Tesco may have been negligent but that doesn't make them financially liable if there was no monetary loss.

[JonCris]

The great litigation society:o

 

It would appear that the OP has suffered no financial loss from this incident so why would it be reasonable for him to make financial gain?

 

I would agree that Tesco may have been negligent but that doesn't make them financially liable if there was no monetary loss.

 

Absolute rubbish

 

The only way an injured person can be compensated for another's negligent behaviour is to be paid a sum of money as recompense - unless you know of some means of restoring them to their pre accident, pain free condition that is

 

Also how do you know they haven't suffered financial loss. There are all kinds of costs that could have been incurred

 

PI claims are in 2 parts The 1st is for pain & suffering & the 2nd is for any financial losses or expenditure

[ConnyWonny]

I work in PI and on face value you have no claim as it was due to outside weather conditions that the floor was wet. If the wet floor was caused by a spillage then Tesco would indeed be liable, and you could make a claim months after the event if you wanted.

 

Give me a few hours and I'll look into this further for you but I dont think you have a case.

[JonCris]

I'm sorry Conny but what you state is wrong.

 

If as it appears there was lying water at the entrance to Tesco's the OP does have a valid claim. If the design of the entrance is such that rainfall does not drain away efficiently or the surface used is made particularly slippy when wet then the OP has a case

 

It's much like a home owners 3rd party liability to anyone who's injured because they didn't clear snow from their paths - so you see weather conditions don't always negate liability.

 

Tesco's, who are inviting members of the public onto their property have a very strict duty to ensure their safety - raining or not

[ConnyWonny]

JonCris

 

A person cannot be held liable for a third party slipping on snow, ice or rainwater on their premises - unless it can be proved that the surface was also defective. The same goes for leaves, gravel and litter (unless the litter is due to the defendants bad housekeeping).

 

Whilst it is the owners responsibility to provide reasonable safety, the third party has to take some responsibility for themselves.

 

Also, I stated that a claim could be made months after the event. This would only be true if the accident was reported to the manager at the time it occured, and it was entered into the acident report book.

[JonCris]

I really don't know where you getting your advice from but it's wrong.

 

Property owners have a duty to clear snow or any other substance from their properties access which may cause injury & that includes rain water if it is failing to drain away as it should - & it doesn't matter if the surface is faulty or not - if it is the case that would only exacerbate the problem for the owner.

 

Even small shop keepers if they don't want to be sued are required to clear snow from in front of their premises & that is usually a public footpath - in fact not so long ago as I recall it was a legal requirement which the local council could enforce

[JonCris]

Over the years there have been many, many successful claims where home owners have failed to clear the snow or some other hazard causing injury to the postie who has subsequently slipped.

[ConnyWonny]

Occupiers Liability Act 1957

[JonCris]

There have been a lot of changes since 1957!

 

For example a party or insurer can no longer claim "an Act of God did it guv"

 

In addition

 

Slips and Trips

This type of accident can occur anywhere and often results in an unpleasant injury. If the accident which caused your fall was not your own fault, you may be able to claim

 

If someone else had a duty to keep the floor or path clear of obstruction, potholes, slippery substances and other hazards then they may be due compensation.

 

Every occupier of land or buildings, whether home, shop, office, farm or factory, has a duty to take reasonable care for the safety of all visitors.

[ConnyWonny]

Well I think we'll have to agree to disagree on this one JonCris, suffice to say that I wouldn't take this case on as it can not win.

[JonCris]

Well I would & have on many occasions (including against Tesco's) & have never lost in over 30 years where it has been established the drainage was poor because of design or material used

[revolting peasant]

Absolute rubbish Really?

 

The only way an injured person can be compensated for another's negligent behaviour is to be paid a sum of money as recompense That really is absolute rubbish. Money doesn't relieve pain- unless you know of some means of restoring them to their pre accident, pain free condition that is in most people in an incident like this, off the shelf pain relief and a little TLC works

 

Also how do you know they haven't suffered financial loss. I did say that IT APPEARS that the OP has suffered no financial loss. There are all kinds of costs that could have been incurred

 

PI claims are in 2 parts The 1st is for pain & suffering the bit you can make up (I'm not suggesting the OP has made it up but people do) & the 2nd is for any financial losses or expenditure the bit you have to provide evidence of

 

Can you validate your sources JC as you don't say where you got the quotes from. At the moment I'm in agreement with ConnyWonny but that isn't helping the OP.

 

Incidentally, if the design and materials were poor is that not a claim against the architect. In this case, Tesco sell consumer products - they don't design buildings.