Injured in Tesco's

blue_monkey_2

glidergirluk wrote: »

MY GOD! Have some of you heard yourselves! If someone is hurt and its someone elses responsibility to maintain health and safety to STOP people being hurt then why shouldnt she complain or even ask for compensation.

Im sure some of you have never had to deal with someone who has been injured by a negligent party and has to struggle to pay the mortgage because they are only getting stat sick pay, it is difficult and depressing. The process to claim is long and drawn out so its in no way a way to make a quick buck! I feel that if you are injured you are entitled to ask for help or at least an apology.

Ok so the OP may not have been injured badly but like someone else said what would have happened if this had been a child?? I think Tesco's need a serious complaint about this but I wouldnt ask for comp unless I was out of pocket through not working. The least tesco can do is try and make sure this doesnt happen to someone else which could potentially be far more serious.

And this is what compensation is for, if you have had a financial loss or something more serious has happened and someone has lost their life or will never be able to work again for whatever reason or has gotten ill through work so cannot do that job. It is not because someone slipped over and made a prat of themselves and so wants to sue. That is just being careless and blaming someone else.

Maybe the person she should be calling is the HSE instead. Tesco cannot ensure that every single item is balanced on the shelf at all times and maybe not allow peole to touch any goods and if they do they are then commited to buying those goods so they cannot be misplaced.

The OP consulted solicitors for a broken toe. I've been into work with 34 weeks pregnant and a broken ankle that was just strapped - no strong painkillers, just parecetamol - so I laugh at the fact she might have time off work for this. All I would say then is god help her in childbirth!!

Tozer

Debras_Angel wrote: »

Hi,

I agree in a case like this then you should get compensation and not be out of pocket for someone else's mistake. I think the whole point is the OP went for legal advice instead of going direct to tesco. Some vouchers/flowers as an apology should be enough and not to make a legal case of it.

Why? If Tesco are liable why shouldn't the OP make a claim to be compensated for general damages?

I would advise everyone to take legal advice if thinking about making a claim as there are steps and procedures which need to be followed.

mrcow

blue_monkey wrote: »

This women had asked to see someone because her husband had eaten a carrot cake that it turned out was out of date.

He was on kidney dialisis and was 'gravely ill and it could be serious'. Now serious enough to leave him at home while she goes and gets her £1.50 refund? Serious enough to wait around 10 minutes to speak to different people.

Maybe he was in hospital? Maybe she's so stressed that being angry with ASDA is the only outlet she could see? Who are you to judge.....you overheard part of a conversation in a supermarket, you have no real insight into this woman's life though.

As for being ginger, you don't have to stand for that. You can always dye it?

Debras_Angel

glidergirluk wrote: »

MY GOD! Have some of you heard yourselves! If someone is hurt and its someone elses responsibility to maintain health and safety to STOP people being hurt then why shouldnt she complain or even ask for compensation.

Im sure some of you have never had to deal with someone who has been injured by a negligent party and has to struggle to pay the mortgage because they are only getting stat sick pay, it is difficult and depressing. The process to claim is long and drawn out so its in no way a way to make a quick buck! I feel that if you are injured you are entitled to ask for help or at least an apology.

Ok so the OP may not have been injured badly but like someone else said what would have happened if this had been a child?? I think Tesco's need a serious complaint about this but I wouldnt ask for comp unless I was out of pocket through not working. The least tesco can do is try and make sure this doesnt happen to someone else which could potentially be far more serious.

As i've just said for marleyboy these type of circumstances are different to the OPs and no one should be out of pocket for a serious injury if they lose money!

marleyboy

blue_monkey wrote: »

Blame, blame, blame. Who to blame. Someone else because we could not be bothered? What did she expect Asda to do? They cannot go into the tills and say 'here we go, have £2000 - is that enough to make up for it?'.

To answer your question, if there is a negligence...SOMEONE is to blame, if there is a clerical error, ....SOMEONE is to blame, if there is a catastrophic motorway pile up....SOMEONE is to blame.

In fact in every scenario of accidents, somewhere in that chain SOMEONE is to blame. Even if that somone happens to be yourself.

Debras_Angel

Tozer wrote: »

Why? If Tesco are liable why shouldn't the OP make a claim to be compensated for general damages?

I would advise everyone to take legal advice if thinking about making a claim as there are steps and procedures which need to be followed.

As has been mentioned many times, were they liable?

blue_monkey_2

Tozer wrote: »

I think we can all give extreme examples. But why would there be a legally-supportable claim here????

Just because someone has a whine, doesn't mean that they are entitled to compensation.

But she wasn't just whining, she wanted something otherwise why go to all that trouble. 3 people had already said sorry to her as she was passed from one person to the next so I cannot understand what she wanted, or what Asda could give her.

I seriously went home thinking about this for 2 or 3 days. What did she want Asda to do? It is not the kind of treatment you get privately so it was not like Asda had to pay for medical treatment, she got the money back for the cake. It was a serious question as I got the impression you knew about these things. Just what could Asda have done there and then, especially without the husband being seen. Maybe she could have been lying. Maybe she could have bought 2 cakes a week apart and used the receipt from yesterday to try and get something out of Asda.

d.edna

blue_monkey wrote: »

Hey, thinking that we can sue everyone. I was wondering if I could sue my parents because I have ginger hair. Do you think one will be more liable than the other? I got called loads of names at school and it caused me immense distress. And the times I was dressed in clothes too big so they would last me.

I'll let you know what my 'legal helpine says'......

I will sue you because you sell womens underwear over the internet so nurrr

I mean thats how silly things are getting and blue_monkey you made some quality posts

mrcow

blue_monkey wrote: »

The OP consulted solicitors for a broken toe. I've been into work with 34 weeks pregnant and a broken ankle that was just strapped - no strong painkillers, just parecetamol - so I laugh at the fact she might have time off work for this. All I would say then is god help her in childbirth!!

As per my previous post on foot injuries, you are really not in a position to make a judgement on this. Trust me, there can be a massive difference in the pain levels of certain types of breaks (and I've been through 3 x childbirths, thanks )

Tozer

Debras_Angel wrote: »

As has been mentioned many times, were they liable?

Prima facie, yes! An accident happened on their premises so it is for them to show that they discharged their duty of care. If they did, then there is no liability.