Injured in Tesco's

sarahg1969

sara1880 wrote: »

she claims not to be at fault... Why is it any different?

OK - just because she feels was not at fault does not mean that Tesco WERE at fault.

Maybe they were, and maybe they weren't, but if a solicitor doesn't want to take on the case, then it's not a certain win.

uktim29

sara1880 wrote: »

Would you claim personal injury if someone hit your car and you broke something?? Why is it any different?

One you can pin point fault at the other you can't.

Simple!

Pink_fluff

Do you think aimharl has seen the light and decided against sueing tesco! :rotfl:

uktyler

aimharl wrote: »

I guess the solcitors didnt fancy a fight and unfortunately in todays world everybody does have the right to sue if they dont like something.

So you haven't contacted Tesco about this, but have contacted a solicitor?

Tesco's might have offered you a few quid in vouchers for your trouble, but why settle for that when you can sue for millions, right?

Compesation culture costs all of use money each year, supermarkets have to put up prices to pay for these claims.

I was in a supermarket the other day and someone had dropped a bottle of wine on the floor. The glass had been collected, but still three staff were needed to warn people about the wet floor. Red wine, white floor, obvious hazard, but to cover their backs the store had to use three people.

The vase did not fall by itself, as Tim stated it can't. If you or someone else knocked the shelf then its not Tesco's fault.

If a member of the public put it back so it was likely to fall, again not Tesco's fault.

You can't sue Tims poltergeist, and you can't prove it was not any of these things and was tesco's fault.

Write a letter to them, get a few quid in vouchers as a good will gesture and leave it at that.

oldone_2

sara1880 wrote: »

Some people out there do just try to get rich quick by compensation, but this woman was in tesco's and for what ever reason a vase fell and broke her toe, she claims not to be at fault, so why shouldnt she claim. Would you claim personal injury if someone hit your car and you broke something?? Why is it any different?

Wrong. The correct procedure is to inform Tesco staff, see that it is put in their accident book, and if the injury is serious, inform the Health and Safety Executive so that investigations can be made to prevent it happening again.

Tesco may give a goodwill gesture, but in no way should everyone start sueing for copensation.All this does it put up our insurance premiums, and possibly prices in the shops.

viktory

sara1880 wrote: »

...so why shouldnt she claim. Would you claim personal injury if someone hit your car and you broke something?? Why is it any different?

She shouldn't attempt a claim for compensation because it was an accident. They happen, no matter how careful a person/store is.

hollydays

aimharl wrote: »

Basically what the solicitor said but the aisle we were in had a cctv camera looking right down it so they must have caught what happened on it. It literally came from nowhere one minute I was speaking to my husband the next I was in agony and a vase was smashing into pieces. the only ones of this style we could see were on the very top shelf.

How do we know the camera was recording?
How do know there was not an obstruction in the way of any camera footage ,such as a delivery cage or a pillar for example.

uktyler

hollydays wrote: »

How do we know the camera was recording?
How do know there was not an obstruction in the way of any camera footage ,such as a delivery cage or a pillar for example.

Or a big wobbly stack of vases?

withabix

The OP would have to prove negligence. Almost impossible in this situation as only one vase fell off - that's why the ambulance chaser she contacted didn't want to take it on.

Also, the vase may have been dislodged by another customer, just before the OP went down that aisle - how is that Tesco's fault? Should they accompany every customer around the store to remove the risk of this happening?

If the OP really wants something out of this, I would suggest writing to the store manager (copied to Terry Leahy) to see what he might offer.

If the OP is lucky, she might get £50 to £100 - that's about all a broken toe should be worth. Ignore the 'fantasy' figures of £2000-£3000 suggested on ambulance chaser websites - neglicence would have to be proven and those figures are for your big toe, which affects your balance and mobility. To get that sort of figure, a Tesco employee would probably had to have thrown the vase at you.

Halloway

sara1880 wrote: »

Im not sure that she ever said she felt she got lack of care from the staff, she just claimed they didn't go one way or the other they just stuck to procedures.

What are they supposed to do, if not 'stick to procedures'?

sara1880 wrote: »

Some people out there do just try to get rich quick by compensation, but this woman was in tesco's and for what ever reason a vase fell and broke her toe, she claims not to be at fault, so why shouldnt she claim. Would you claim personal injury if someone hit your car and you broke something?? Why is it any different?

Why should she claim? There is no evidence that Tesco is at fault. Also, the whole point about compensation is that it compensates for expenses and loss of income after an incident. It's not supposed to be a means of trading e.g. a broken toe for the price of a new TV.

I'm sorry the OP suffered an injury - I know how damned painful a broken toe can be. But like the advert says: "Where there's blame, there's a claim". In this case there is no evidence that can pinpoint where that blame lies, so there's probably no claim.