Injured in Tesco's - Advice Please

elfen

Best thing is to contact Tesco's head office, letting them know what happened and what store it was at (so they can check accident book and wheelchair and procedures were followed) They will probably offer a big bunch of flowers, some vouchers and a letter apologising for what happened. The OP's nan is 90; she does not need the hassle of giving a statement to some toffed up "injury lawyer" who will push at her, causing her further distress then settling this with the supermarket, and I'm sure Tesco's would be more than happy to settle this (esp. with lady being quite advanced in years)

geri1965_2

mountainofdebt wrote: »

But the OP's wife made the final decsion to use the wheelchair, knowing that it was faulty. This I would argue would mitigate any damages awarded.

No, because the wife isn't the one who was injured.

The nan is 100% the innocent party here.

bumpoowee

geri1965 wrote: »

No, because the wife isn't the one who was injured.

The nan is 100% the innocent party here.

On this basis, shouldn't the nan be suing the wife?

hundredk

Blacksheep1979 wrote: »

Sorry, you knew the wheelchair was broken and chose to use it, you accepted the risks involved - why can't people take responsibility for their own actions any more?

Tesco staff did not advise the wheelchair was unsafe and may cause injury so OP was entitled to think it was safe. The acceptance was for the inconveinece of no footrests. In any event Tesco have a duty of care and should not give out unsafe equipment.

hundredk

bumpoowee wrote: »

Although Tesco may have been negligent, you yourself were negligent as you should not have used the wheelchair if you didn't think it was fit for purpose.

You may well have a claim that you can chase in court, and if you get greedy enough you may get a decent payout, however don't be at all suprised if, in this scenario, Tesco withdraw the use of all these wheelchairs and leave the elderly to deal with their mobility issues on their own. You only be hurting people like your nan by taking this course of action.

I think the best outcome would be an apology and small goodwill gesture (basket of fruit/vouchers/whatever) and an assurance that Tesco will amend their processes to avoid this in future.

So it doesn't matter whether wheelchairs are safe as long as they aren't withdrawn? Should Tesco just keep giving bunches of flowers out because it's cheaper than paying someone to check and fix whhelchairs?

They won't withdraw wheelchairs because of a claim- see this post

hundredk

bumpoowee wrote: »

On this basis, shouldn't the nan be suing the wife?

Nope, it's Tesco's wheelchair and their resonsibility to ensure it's safe. As has been said before, claim may be slightly less because of some acceptance but I'm sure the solicitor would point out that OP wasn't expecting it to be unsafe.

geri1965_2

bumpoowee wrote: »

On this basis, shouldn't the nan be suing the wife?

The wife didn't provide the faulty wheelchair.

bunny999

God don't people think of anything apart from how to get money for nothing. A few cases like this and shops will stop supplying wheelchairs and who will suffer then.

geri1965_2

bunny999 wrote: »

God don't people think of anything apart from how to get money for nothing. A few cases like this and shops will stop supplying wheelchairs and who will suffer then.

It isn't "money for nothing" - it's money for a nasty injury to a vulnerable elderly lady. How about I kick you on the leg and cause a wound requiring five stitches - will it be "nothing" to you then?

AsknAnswer

I'm not being judemental here, and I haven't read all of the thread as I don't have time so I don't know if this has been mentioned before.

Anyway.... Have you fully thought this through? What do you think will be asked in defence of the claim? The first thing they will ask is "Did you notice it was broken?" if you deny all knowledge, the next question that will be raised is how it wasn't noted. Because if your nan regularly uses a wheelchair and you regularly help her, one of the things you should know to do is a)inspect the wheelchair for faults before use and b) that the foot pedals should always be used.

If you had been using it properly, you would have placed the foot pedals on and found upon doing this that it was broken and dangerous. And asked for another, or demanded the electric one be brought out because there was a clear health and safety issue with the one they had supplied you with.

If you say you did notice it, again they will question why on earth you used what you could plainly see was dangerous. And why you didn't fold the foot pedals to the side.

I'm not defending Tesco, far from it - they should never have had a dangerous item for customer use in the first place, and should also regularly inspect it for faults. They are negligent, no doubt about it. But are you? The family who regularly use such a product on a regular basis.

Again, not judging, those are views that may well be expressed in defence of any claim you submit. Make sure you think through what your responses to these claims will be.

I've little doubt in my mind that Tesco will be found largely guilty and will receive just desserts, however if they choose to defend your claim and it goes down the court route, I'm not convinced that a court would find you blameless either.