So supermarkets are exempt from responsibility when an item falls on customers head!?!?

[olewh]

Iam writing this on behalf of a friend. His wife went into a supermarket and a heavy bottle fell from a top shelf onto her head. Whether or not she was knocked unconscious i'm not sure, but she certainly had concussion and has suffered serious memory loss ever since, that's for 18 months now.

 

Well, the supermarket accepts the incident took place but they are disclaiming any responsibility. They are saying that the reason the item fell was because an earlier (unidentified) customer had removed the item from the packaging and then failed to put it back properly and it was as a result of this action the bottle toppled off the shelf - it was not the consequence of the negligence of a supermarket employee. Therefore, the supermarket says, they are absolved of any responsibility or liability.

 

This sounds like a load of nonsense to me. But the 'no win, no fee' lawyer has decided to withdraw from the case. My friend is trying to care for someone with serious memory loss and at the same time in a very depressed and distressed state.

 

Help please. What's the situation vis-a-vis the supremarket and responsibility? Can anyone cite any law or precedent. It would be helpful to have this to refer this to the lawyer.

[MARTIN3030]

Welcome to the site.

I dont understand why you seek case law / precedent if you anticipate engaging a Solicitor.

They should surely be able to find this.

 

So its at least 18 months since the incident ?

The supermarket are of course liable and responsible.

What have you got by way of communication in writing ?

What prompted the change of opinion from the No win no fee solicitor ?

[olewh]

The lawyer is withdrawing. I dont know why. The more information, data and fact the better, for two reasons: (1) it will provide my friend with some much needed encouragement to go on and (2) it will be ammo to give the legal agent a kick up the backside

[MARTIN3030]

Ok I will move your thread into legal issues for more pointers.

[the_shadow]

Does your friend have legal cover on any of there insurances, could save looking around for another solicitor.

 

Chances are your "no win, no fee" solicitor was looking for a quick settlement. Personal injury claims can take a long time to come to a settlement, my sister is still waiting after 3 years for compensation.

 

As to the supermarkets claims I cant believe this is the case, in our local supermarket they have someone employed to run around cleaning up spills and breakages, if these spills and breakages are caused by customers are they going to claim that the slips and falls are not there responsibility. This lady is like a whippet and the first sign of a spillage out come the yellow triangles at both ends of the aisle.

 

No doubt you'll receive more enlightened advice soon

 

S.

[MARTIN3030]

Just a thought too-Have you got the paperwork from the no win Sol ?

I assume he will have some stuff that you will be needing.

[olewh]

Does your friend have legal cover on any of there insurances, could save looking around for another solicitor.S.

 

No

 

As to the supermarkets claims I cant believe this is the case, in our local supermarket they have someone employed to run around cleaning up spills and breakages, if these spills and breakages are caused by customers are they going to claim that the slips and falls are not there responsibility. This lady is like a whippet and the first sign of a spillage out come the yellow triangles at both ends of the aisle.S.

 

Commonsense tells me supermarket must be liable in some way to some degree, if not fully liable. I would like some clarification on this from the forum.

[olewh]

Just a thought too-Have you got the paperwork from the no win Sol ?

I assume he will have some stuff that you will be needing.

 

I will check this out with my friend. I thought solicitors were legally required to pass on the paperwork to their client if requested by the client to do so.

[reallymadwoman]

Why should a supermarket be responsible just because something happened on their premises? Would you hold them responsible if another customer had pushed their trolley into you and broken your leg?

 

For the supermarket to be held responsible under English law, they or their staff must have been negligent. If their account of what happened can be proved, I can't see that they have been negligent at all. The only way they could have prevented the incident would be to follow all their customers around and make sure no one took anything out of packaging or replaced items on a shelf dangerously - not something a reasonable person would expect them to do.

 

Having said that, I don't see how they could prove their version of events, added to which it may be possible to question the safety of putting a heavy bottle on a top shelf in the first place. Get all the papers from the first solicitor and take them for a second opinion to another one. At worst the second opinion will be the same as the first, at best it may be that your friend has a reasonable chance of getting something in compensation.

 

Finally, your friend should be paying close attention to time scales now. A claim for personal injury is statute barred after 3 years, and it's amazing how quickly months can slip past when waiting for papers and medical reports etc.

[MARTIN3030]

One case here although the background is different to your issues.

 

http://www.bloemfontein.co.za/docs/Shoprite%20Checkers%20Case.pdf

[MARTIN3030]

There was however a case in the US which involved falling merchandise-the Judge awarded the claimant $3 million.

 

Scharrel v. Wal-Mart Stores, Inc

[MARTIN3030]

Also read this;

 

http://en.wikipedia.org/wiki/Res_ipsa_loquitur

[pt2537]

Res Ipsa would apply if something would not normally occur but for negligence to have occured.

 

Res puts the burden on the other party to explain how the accident happened occured if there was no negligence.

 

Prima facie a lawyer should be engaged in these sorts of matters as the legal arguments underpinning it all are very complex

[olewh]

I will check this out with my friend. I thought solicitors were legally required to pass on the paperwork to their client if requested by the client to do so.

 

Some great advice/ comments in this thread. For the time being would appreciate comment re the above question

[barracad]

Some great advice/ comments in this thread. For the time being would appreciate comment re the above question

 

What you have quoted is a statement, not a question.

[olewh]

What you have quoted is a statement, not a question.

 

I'll rephrase it then - "Are solicitors legally required to pass on the paperwork to their client if requested by the client to do so?"

[olewh]

Did I rephrase it badly or something?

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.