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Injured in Tesco's - Advice Please

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  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    hundredk wrote: »
    Pushing an elderly relative in a wheelchair does not make you their guardian, nor did the OP mention this was the case. To be a guardian in this context requires power of attorney which comes from a court order, more specifically:

    Personal Welfare LPA
    A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.

    I did not suggest that she did have a guardian. My response was clearly to someone else's suggestion that she did.
  • hundredk
    hundredk Posts: 1,182 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    sarahg1969 wrote: »
    I did not suggest that she did have a guardian. My response was clearly to someone else's suggestion that she did.
    Yes, sorry that was Firefox1975's suggestion in #116. Your post #115 did say no responsibility lies with the Nan.

    My reply was to point out that assuming Nan is of sound mind she does not have/need a guardian and is responsible for her own actions and just becuase she may be less mobile does not change that.
  • tony863
    tony863 Posts: 385 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hi All,

    WOW, firstly let me say how astounded I am at the amount of interest that this post has generated.
    Thank you to all the well wishers, I thought I'd provide you with a quick update on whats going on. Well my nans leg still hasn't healed and the wound has gone slightly septic. She has to visit the doctors twice a week to have it cleaned and re dressed and they've told her that as long as she keeps having it cleaned, it should be healed within the month.
    That said, it hasn't stopped her getting out and about (thank god) and she regularly attends her bingo and coffee mornings :)

    With regards to Tescos, they sent her a big bunch of flowers and rang her to see how she was. They apologised and offered her a £25 voucher as a gesture of goodwill. Make of that what you will, but I think it wasn't suitable in the circumstances.

    I spoke to their head office who put me in charge of their legal team. I then spoke to one of their solicitors and they were very nice indeed. I explained everything that had happened and they asked me to put it in writing - which I did. I sent the letter to them, which they confirmed they had received last week. They said that they are going to read it and consider what to do and then get back to me within a couple of weeks.

    With regards to comments about me being her guardian, I'm not. I don't have any control over her what so ever and when she passes, she won't leave anyone with a pot to pi$$ in. In answer to peoples comments about the motive behind this endeavour, it is simply because it is massively upsetting to see my nan go through this nightmare and to just accept it as an accident. She doesn't have a lot in life and has never really had any treats. How nice it would be if Tescos offered her a couple of hundred quid to have her hair done and treat herself to a nice meal or something like that. If you don't agree, then I don't mind. We live in a democratic society so everyone is entitled to an opinion.

    Finally, with regards the TV. We went to Tescos again last week and she bought a 32" Toshiba that was on offer for £349. I installed it for her and she is very happy with it indeed.

    I'll keep you all updated in the next episode!
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    tony863 wrote: »
    With regards to Tescos, they sent her a big bunch of flowers and rang her to see how she was. They apologised and offered her a £25 voucher as a gesture of goodwill. Make of that what you will, but I think it wasn't suitable in the circumstances.

    I think it was fairly paltry too, you nan has lost a lot of her time attending medical appointments over this. If you total it up it will be many many hours. Wouldn't have killed them to have give her the TV with the flowers & get their equipment sorted:mad: I wonder how people would have reacted if a child or baby had been cut from one of their trolley seats:confused:
  • hundredk
    hundredk Posts: 1,182 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    tony863 wrote: »
    Hi All,

    WOW, firstly let me say how astounded I am at the amount of interest that this post has generated.
    Thank you to all the well wishers, I thought I'd provide you with a quick update on whats going on. Well my nans leg still hasn't healed and the wound has gone slightly septic. She has to visit the doctors twice a week to have it cleaned and re dressed and they've told her that as long as she keeps having it cleaned, it should be healed within the month.
    That said, it hasn't stopped her getting out and about (thank god) and she regularly attends her bingo and coffee mornings :)

    With regards to Tescos, they sent her a big bunch of flowers and rang her to see how she was. They apologised and offered her a £25 voucher as a gesture of goodwill. Make of that what you will, but I think it wasn't suitable in the circumstances.

    I spoke to their head office who put me in charge of their legal team. I then spoke to one of their solicitors and they were very nice indeed. I explained everything that had happened and they asked me to put it in writing - which I did. I sent the letter to them, which they confirmed they had received last week. They said that they are going to read it and consider what to do and then get back to me within a couple of weeks.

    With regards to comments about me being her guardian, I'm not. I don't have any control over her what so ever and when she passes, she won't leave anyone with a pot to pi$$ in. In answer to peoples comments about the motive behind this endeavour, it is simply because it is massively upsetting to see my nan go through this nightmare and to just accept it as an accident. She doesn't have a lot in life and has never really had any treats. How nice it would be if Tescos offered her a couple of hundred quid to have her hair done and treat herself to a nice meal or something like that. If you don't agree, then I don't mind. We live in a democratic society so everyone is entitled to an opinion.

    Finally, with regards the TV. We went to Tescos again last week and she bought a 32" Toshiba that was on offer for £349. I installed it for her and she is very happy with it indeed.

    I'll keep you all updated in the next episode!
    Just goes to show all the critics who said it's only a small cut that it's not only about the cut but the pain, suffering and incovenience that follows. I hope that comes across as an ambulance chaser comment because £25 and some flowers for pain, suffering and incovenience that we now know will last at least 2 months to heal is taking the pi$$.

    I said near the top of the thread, a gesture of the TV that nan came in for would be appropriate and it turns out that such a gesture would have cost Tesco less than the £349 retail price.

    As it is I hope Tony863 gets a much better response off the Tesco's solicitors but won't hold my breath. A common tactic is to initially offer a nominal amount which, if declined or challenged is usually met with a slightly better but still unrealistic offer as full and final settlement with the only further recourse via a legal team. At this stage I suspect many just see this as a veiled threat of hassle and uncertianty, roll over and take the "best" offer rather than face the legal eagles.

    Glad to hear your nan is on the mend.
  • tony863
    tony863 Posts: 385 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hi again all,

    Another quick update for you all. Tescos legal team sent us a letter the other day offering my nan £1500 compensation, plus £100 for costs incurred through taxi's etc.

    My nan is over the moon to say the least, even though her injury has now gone septic! The money will go a long way to makeing her feel better so I'm really happy for her.

    I know that Tescos might have offered more if we'd have said no to the first offer, but she said she would be happy with £300 to pay for a new TV. £1600 sounds like a great deal to me :)
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm glad your gran is happy with Tesco's offer. Let's hope she makes a good recovery from this nasty injury.
  • hundredk
    hundredk Posts: 1,182 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    tony863 wrote: »
    Hi again all,

    Another quick update for you all. Tescos legal team sent us a letter the other day offering my nan £1500 compensation, plus £100 for costs incurred through taxi's etc.

    My nan is over the moon to say the least, even though her injury has now gone septic! The money will go a long way to makeing her feel better so I'm really happy for her.

    I know that Tescos might have offered more if we'd have said no to the first offer, but she said she would be happy with £300 to pay for a new TV. £1600 sounds like a great deal to me :)
    Good result. Hope nan recovers soon. Hope tesco also said they had investigated and taken action to prevent this happening again!
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    good offer you were right to go to their legal team 25 pounds is just insulting

    hope she feels better soon
    What goes around-comes around
  • Tozer
    Tozer Posts: 3,518 Forumite
    Good result OP. Hopefully all of those ill-informed posters who said that it would be massive stress for your nan to be dragged through the courts will now have learnt that in situations where there is clear negligence and loss suffered as a result, most big and reputable organisations will be keen to settle very promptly.
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