Injured in Tesco's - Advice Please

dacouch

prowla wrote: »

5 stitches is not a trivial injury, and if it is Tesco's fault then they were negligent.
Obviously nobody intended for it to happen, so in that sense it is an accident, but they have an obligation to the public to provide a safe place to go and do your shopping.
They will have to carry public liability insurance and there should be a certificate posted somewhere.
It's not life threatening, but it will take a while for it to heal and it has obviously upset you a bit.
Tesco's wouldn't give a second thought to clamping someone who had parked too long in their car park or whatever (no axe to grind there on my part - just a forinstance); there could be a few quid in it, so I say why not go for it?
If a kosher solicitor won't take it then you could even go for the no win no fee service.
Presumably you have precise details of the incident.

They do not have to have Public Liability Cover and there will not be a Certicate on display

gordikin

SueSueSue is a well recognised waste of space in all forums, so please discount their comments!

CG19a

Prowla, Tesco don't make any profit from car park charges. If someone overstays and gets charged, then after they pay any costs (like the car park attendant's company) the rest goes to charity of the year. At least that was how it operated in my store (2 stores ago). The store I am in now doesn't have a regulated car park.

davemorton

pinkshoes wrote: »

If Tesco ends up with a massive pay out, there's quite a high possibility that they'll no longer bother with these chairs, and poor elderly folk will have to make their own way inside and possibly round the supermarket.

People are mocking this comment, but its the main reason people (and that includes charities like age concern), dont put grit down in the snow and ice any more, for fear of being sued if the melted water re-freezes.

wannaberichbtch

I think the essence of this matter is the 90 year old lady. Litigation is stressful for anybody and that stress is not alleviated by no win no fee solicitors. Who would want all that hassle in the last years of their life? If the matter is reported to Tesco's they have the opportunity to rectify it, and the Op has taken positive steps to avoid it happening to someone else. I do hope that Tesco's offer the tv as it would be a happy ending, but I would imagine for this lady her main priority is to recover from this quickly, and to continue enjoying the company of her caring family.

bengal-stripe

pinkshoes wrote: »

You seem obsessed with money and compensation,

hundredk wrote: »

Not obsessed, concious of entitlements (oops another buzz word).

Obsessed enough, to have chosen that particular user name.

rich_months

As someone that has been responsible for health and safety before (i.e. if it went wrong I could be the one serving a prison sentence):

Should Tesco have a damaged wheelchair available for use?

No

Would the Health and Safety Executive expect them to demonstrate a reasonable level of care in ensuring any equipment they lent to a customer is safe? (e.g. inspecting it regularly)

Most definitely

Do you ever expect to get hurt when you go shopping

No


So now that's out of the way, my take on it is that in this, I personally would be happy with a small goodwill gesture, a new or repaired wheelchair clearly available in the store and a sincere apology. And I would be extremely surprised if your nan wants anything else.

Tozer

As stated, OP's grandmother would be entitled to general damages of around £500. There would not be a load of hassle as some posters say. No need to even involve solicitors.

Difficult to see how Tesco can NOT be negligent here. They will take pragmatic view and pay out quickly.

Takoda

Let us know how it goes on Tony.

Get Well Soon Nan!

woody01

pinkshoes wrote: »

Ultimately it was an accident.

Why don't you just wait to see how your nan heals first?

If you kick up too much of a fuss, what is likely to happen is that Tesco will withdraw the use of all wheelchairs, meaning that only those elderly that have their own chairs will be able to get round the store, so it's probably best not to make any hasty decisions.

You'd already known the chair was broken, so did you not investigate why? Surely it would have been easy to spot the broken bits, because she did have to sit holding her feet up!

I am not in favour of everyone that chases compensation at every little thing.

HOWEVER!

In this case, it is clear negligence by Tesco for letting an item, intended for public use, be used when it is clearly unsafe to do so.

BUT!

This is not Tesco's fault 100% as the OP knew this wheelchair was faulty and therefore should not of let his nan use it.

There is proportional blame here on both sides.