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accident in morrisons supermarket

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  • Boomdocker
    Boomdocker Posts: 1,201 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Regarding the debate regarding liability can I add that the supermarket I work in would be expected to show due diligence in any accident of this nature. In the example you gave about a dropped product and cleaning we would be expected to demonstrate that a robust system is in place. Cleaning records would be used to support due diligence to show that they were in attendance, cleaned any spill, cordoned off etc. Product is droppped all the time by shop workers and customers alike and in most cases it will be hard to prove who dropped what. That however is not the point, the point is can the business defend itself against any claim by showing that it responds to these situations appropriately.

    Naturally if this is not on place then there may will be repercussions for the business.
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  • kenshaz
    kenshaz Posts: 3,155 Forumite
    Part of the Furniture Combo Breaker
    hawk wrote:
    think about what you have just said, there is a reasonable amount of time to get to an accident or spillage, do you think there is a person behind every shopper with a yellow sign !! or an ambulance behind every member of public, LOL
    Please listen to ts-aly2000 she is talking sense,why argue against, what you must realise is correct.

    Some people would say black was white and she must feel that she is :wall:

    She is on your side ,and explaining your rights ,the law is their to protect you,and the supermarket must demonstrate a robust response
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  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Unfortunately, all people here are doing is offering their opinions, no one can forsee why this accident occurred or what the shops stance will be or even if the MiL will pursue it.

    My opinion and advice would be, your MiL has suffered a serious injury, therefore if the store is to blame she should be recompensed if they aren't to blame then she will get nothing, but the only way to decide this is to appoint a solicitor (preferably a no win no fee) and let the courts decide.

    Good luck.
  • photome
    photome Posts: 16,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Are accidents not accidents any more??

    Is there always someone to blame?

    I hope she gets better soon
  • steve_cov
    steve_cov Posts: 287 Forumite
    I should write to the manager expressing your disappointment that the response to the accident was unsympathetic. Your mother-in-law may get some vouchers for the store as a goodwill gesture.

    Oh, and accept that it was an accident and put it down to experience. There is not, in fact, a worldwide conspiracy to cause your mother-in-law physical harm, whatever some posters would have us believe.

    Do you have evidence or other good reason to believe that anyone in the store knew about the item on the floor and failed to clear it up? If not, it was an accident.

    Accident:
    • an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap: automobile accidents.
    • any event that happens unexpectedly, without a deliberate plan or cause.
    • chance; fortune; luck.
    I thought that last bit might help...
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  • steve_cov
    steve_cov Posts: 287 Forumite
    ts_aly2000 wrote:
    I'll remember your point of view next time I have a car accident and won't bother to claim on my car insurance.
    This doesn't quite work as a comparator because car accidents are not, in fact, accidents as defined in my earlier post:
    steve_cov wrote:
    Accident:
    • an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap: automobile accidents.
    • any event that happens unexpectedly, without a deliberate plan or cause.
    • chance; fortune; luck.
    Car accidents happen because one or more parties is driving inappropriately or without due care or attention.
    • Shunts occur because one party (or more) isn't looking where they are going.
    • Head-ons happen because one party (or more) is in the wrong part of the road.
    • Wing mirrors get clipped because one party has parked inappropriately or is driving too close to parked vehicles.
    And so on...

    In a supermarket environment, accidents can happen. Spillages can be caused by children wetting themselves and not telling anyone. Shoppers can inadvertently dislodge items left on the edges of shelves by others. Nobody could reasonably foresee the sequence of events causing incidents like those: that's why I consider them accidents.
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  • osyprey
    osyprey Posts: 22 Forumite
    Firstly may i say that this is not about claiming against morrisons, unless we are advised to.We have never been in a situation like this before,and don`t begin to start climbing on the compensation bandwagon.But this whole incident, besides being extremely painful,has brought much distress to my MIL who has i stated has lost all her confidence in going out.Everyone opinion is much appreciated,and will be taken in to account as what my MIL decides to do.I and my wife thank you all for your advise.
  • As I said right at the start. - Just write them a letter.

    State what happened, and ask them for their side of the story.

    You may well be surprised at their reaction, and it may be a whole load better than making some lawyers day by taking it further legally.
  • hawk
    hawk Posts: 172 Forumite
    kenshaz wrote:
    Please listen to ts-aly2000 she is talking sense,why argue against, what you must realise is correct.

    Some people would say black was white and she must feel that she is :wall:

    She is on your side ,and explaining your rights ,the law is their to protect you,and the supermarket must demonstrate a robust response

    NO she isnt making sense neither are you, Insurance is in place for geniune accidents and are a last port of call (ofcourse depending on the circumstances) and shouldnt be used willy nilly just because its not your premiums your paying for.

    I know my rights unfortunately ts-aly2000 doesnt, its not a case of shove a claim in because I can its a case of put a claim in if there is something to claim against,, a court would ask did the supermarket try there hardest to make customers aware of a spillage, and even if the supermarket say, we vistit each aisle every 5mins anyone in there right mind would see that as reasonable house keeping, what the hell do you want your own personal cleaner to follow you about just incase you spill something? get with the plan.
  • Frugal_Fox
    Frugal_Fox Posts: 1,002 Forumite
    I would suggest you write to the manager of the supermarket in the first instance. The accident should have been recorded in the stores accident book - if this hasn't been done, it needs to be.

    You should explain why you are writing and indicate the level of distress caused to your MIL by the incident. If you feel the stores first aider was not acting appropriately you should advise this in your letter too - however, and I speak as an 'appointed first aider' - it isn't always easy being the site first aider - In my case I was cajolded into being the first aider. The first 'accident' I attended was a gentleman having a heart attack. I didn't save him - and I was worse than useless on the second incident - I kept having flash backs to the first.

    Also you need to be clear on why you are doing this. What is your intention? If you aren't clear in your letter then this will never be resolved.

    FF
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