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slipped at asda. please help

2

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  • Barneysmom
    Barneysmom Posts: 10,136 Ambassador
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I hope she does, it's not quite the same as finding a screw in the tuna...
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  • BugsyBrowne
    BugsyBrowne Posts: 5,697 Forumite
    Dippychick wrote: »
    It wasn't your fault, you tripped in ASDA trying to find first aid for another customer whose childs mouth was bleeding, after a trolley had fallen on it.

    You are entitled to compensation - which solicitor are you using?

    I suggest you get a better one.

    The fact you are going to be off work for some time is shocking, not to mention the pain and distress you have gone through (and your children, you can get compensation for their trauma too :D)

    Dippychick bet you are one of these people who turn up for your kids sports day,then when your child fall over you are straight on the phone for a solicitor,i hate people like you..
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Dippychick wrote: »
    Because she slipped in their store ;)

    I bet you any money she gets compensation from this - if she was wearing 'good quality shoes' especially :rotfl:

    I slipped over last night - I sprained my ankle and have got a nicely swollen knee (not the best when going on holiday this week!). Was anyone at fault? Nope, accidents happen.

    I am sure she could get some money out of Asda, because it costs more to defend a case than to pay someone to shut up. However, neither you nor the OP has demonstrated any negligence, and therefore legally speaking there is no case.
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  • Mips
    Mips Posts: 19,796 Forumite
    star-fire wrote: »
    Dippychick bet you are one of these people who turn up for your kids sports day,then when your child fall over you are straight on the phone for a solicitor,i hate people like you..


    Nope sorry, but I do work in a Solicitors office ;)
    :cool:
  • Mips
    Mips Posts: 19,796 Forumite
    dmg24 wrote: »
    I slipped over last night - I sprained my ankle and have got a nicely swollen knee (not the best when going on holiday this week!). Was anyone at fault? Nope, accidents happen.

    I am sure she could get some money out of Asda, because it costs more to defend a case than to pay someone to shut up. However, neither you nor the OP has demonstrated any negligence, and therefore legally speaking there is no case.


    Well its not like you have to worry about time off work, covering your mortgage, childcare expenses - when you're on the sick anyway.

    This is what prompts people to claim compensation - not only do they get referred to physiotherapy to recover sooner, they can claim back all out of pocket expenses.
    :cool:
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Dippychick wrote: »
    Nope sorry, but I do work in a Solicitors office ;)

    But you are not a solicitor - if you were, you would understand that you will not succeed in a claim without proof of negligence.
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  • Mips
    Mips Posts: 19,796 Forumite
    Barneysmom wrote: »
    I hope she does, it's not quite the same as finding a screw in the tuna...


    It's also quite fascinating how all of those who have never been injured harp on about those claiming compensation.

    Only claim I have ever made is for whiplash - first time I got hit I didn't put a claim in, despite being injured over Christmas. Second time I got hit I was furious and did put a claim in.

    I am still bad with it now.
    :cool:
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    star-fire wrote: »
    Unfortunately these things happen on a daily bases across the big supermarkets across the uk,and i can tell you this now their solicitors will be better than yours..

    First part is true. But slip/trip claims is a routine business. If there's a genuine claim, it will likely settle. A friend of mine is a barrister who gets involved in the bigger/more marginal trip/slip claims - they often settle. Just comes down to evidence - CCTV, record keeping (eg log book showing checks for debris on the floor), procedures being followed (eg non-slip mats in front of the vegetables) and of course witnesses. The law is pretty well established and there is nothing new. For relatively small claims the supermarkets don't deploy "top" solicitors as it's not worth it. Sometimes they settle just because they can't show they've kept proper records. Of course "settle" could mean something much smaller than a claimant thinks they might deserve.

    The OP is asking for advice but has already seen a solicitor. Assuming the solicitor is experienced in personal injury, then that's the way to go. She is obviously very upset about the experience and it was exacerbated by the behaviour and attitudes after the event. I spent 3 years in personal injury - contrary to popular belief, many people bring claims out of despair rather than they want the cash. They are just angry about the way the situation was handled, not getting an apology, or can see that the organisation has done nothing to prevent a recurrence which could be more serious for the next person.

    Despite the annoyance, much of it will come down to whether the solicitor can establish a breach of a duty of care. If so then damages based on the injuries and consequential costs can be assessed. Sad as it is, all of the other stuff about the supermarket's attitude probably won't come into it - and certainly can't be used to shore-up a claim. However, if their attitude is that bad and they start fiddling with paperwork or can't come up with a consistent story, then it won't help them. The barrister I mentioned has represented both sides - apparently one his biggest problems when witnesses (from both sides) panic and embellish their stories or plug holes. Very obvious...
  • Mips
    Mips Posts: 19,796 Forumite
    dmg24 wrote: »
    But you are not a solicitor - if you were, you would understand that you will not succeed in a claim without proof of negligence.


    In a court of Law, perhaps. Many cases don't even get to court ;)
    :cool:
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Dippychick wrote: »
    Well its not like you have to worry about time off work, covering your mortgage, childcare expenses - when you're on the sick anyway.

    This is what prompts people to claim compensation - not only do they get referred to physiotherapy to recover sooner, they can claim back all out of pocket expenses.

    I am not 'on the sick' (though I am disabled), however I can continue to work (and go on holiday) whilst I am injured.
    Gone ... or have I?
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