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Injured in Tesco's

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  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    There has been no loss, you can still go to work - I went in with my broken ankle and I had a 90 minute commute into London each day. It was YOUR CHOICE to have an x-ray as there are signs all over to tell you that pregnant woem should not have them, you should have just used your brain and said for them to strap it up so it could be kept secure and let it heal on it's own. But I bet you was thinking of how much ££ you could get out of it at the time.

    Perhaps your break managed fine with just strapping,some breaks are more severe than others, but as someone who has broken their feet on three occassions and two toes, I just want to say that I have a permanent foot injury because I did not receive the correct medical support at the time. "Strapping" was no good for me as I needed proper casted support and correctly taken X rays and I now have a permanent bone sticking out the side of my foot because of this. It is often very painful and I can't use my foot in a normal way (I couldn't eg support myself on it or run etc.)

    I've subsequently seen foot specialists with regards to this and my only option is to hope that the very complex study of foot surgery progresess in the future and that perhaps there may be something that can be done before it really starts causing me problems in older age.

    Feet injuries can be extremely complex. The OP has not confirmed which toe is broken, but with bad breaks, it is often so painful that you can't even tell which side of your foot is hurting let alone anything else. Unless you're an orthopedic surgeon, I can't really see that you'd be qualified to suggest that "strapping" would be a suitable treatment without running the risk of permanent foot damage?
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • 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'......

    Blue Monkey,

    If you're successful let me know as my other half is ginger, so maybe we could start a ginger helpline!;)
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Tozer wrote: »
    Not totally sure I agree with this. If someone breaches a legal obligation and someone suffers as a result, it is only fair that the loss is compensated.

    I don't think you have much to worry about in your business - and I am sure your PL premiums reflect this.

    Yeah and I have to pay those premiums for working from home in case someone damages something by not using it in the correct manner (it clearly states wash by hand only) and blaming me for it. I do not have the money to fight these ambulance chasing solicitors for anyone who might want to do this. As I say, it is just not worth the risk.

    As I say, even if the person claiming is negligent it is still the other party that they try and blame because they WANT SOMETHING FOR NOTHING!!
  • Tozer
    Tozer Posts: 3,518 Forumite
    uktim29 wrote: »
    So if someone punches you in Tesco it's Tescos fault? (we actually have had something very similar to that on here)

    Nope - intervening act breaks any chain of causation. Even if it was a Tesco employee, the employer would not have vicarious liability.

    Non-issue.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Yeah and I have to pay those premiums for working from home in case someone damages something by not using it in the correct manner (it clearly states wash by hand only) and blaming me for it. I do not have the money to fight these ambulance chasing solicitors for anyone who might want to do this. As I say, it is just not worth the risk.

    As I say, even if the person claiming is negligent it is still the other party that they try and blame because they WANT SOMETHING FOR NOTHING!!

    Point is you are right to have insurance. But nobody could successfully sue you if you did not breach any legal obligation.
  • uktim29
    uktim29 Posts: 2,722 Forumite
    Tozer wrote: »
    Nope - intervening act breaks any chain of causation. Even if it was a Tesco employee, the employer would not have vicarious liability.

    Non-issue.

    Which would be the same with a single falling vase. As I've already said for a vase to fall a force needs to be applied. If the force had nothing to do with Tesco then it's the same situation.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Blue Monkey,

    If you're successful let me know as my other half is ginger, so maybe we could start a ginger helpline!;)

    :rotfl: The emotional stress I have suffered has been incompehendable. I've been called carrot top, duracell, copper top, is that your real colour show me.... etc..... most distressing. While I am there I hate the shape of my nose (I think that is my mothers fault) I am too fat and my clothes no longer fit (Tesco's fault for selling too much junk food) too short (mother again)

    Come to think of it, I might never work again.... I'll let you know how I get on!!
  • Tozer
    Tozer Posts: 3,518 Forumite
    uktim29 wrote: »
    Which would be the same with a single falling vase. As I've already said for a vase to fall a force needs to be applied. If the force had nothing to do with Tesco then it's the same situation.

    Not necessarily. Tesco have a duty to provide a safe environment. Tesco would have to show that it discharged its obligation by providing a system to minimise the risk of accidents.

    There are plenty of possibilities in connection with its breach. However, without all of the facts, we just don't know. In my view this should not stop the claimant applying.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Tozer wrote: »
    Nope - intervening act breaks any chain of causation. Even if it was a Tesco employee, the employer would not have vicarious liability.

    Non-issue.

    What s a Tesco Employee putting the vase in the wrong place makes a difference.

    I think I am going to give Tesco an email and tell them only to sell pillows, towels and marshmallows on the top shelves.

    Hmmm, I think I am going to walk around move a few things, bump into the shelves and then get things to fall on me.

    It's a winner. With that and suing my parents I am gonna be rich, rich I say. Tozer, you want to represent me or shoudl I call my Home Insurance legal helpline for more advice on this??
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    I think Tesco should have one employee per aisle on a permanant rotation in case anyone tries to buy something and then changes their mind.

    What if someone goes into Tesco and drops a can and then it dents and so puts it back on the Shelf. Can Tesco then sue the customer for damaging their goods??
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