Making an injury claim against retailer.

arcon5

bobajob_1966 wrote: »

Does it? A shelf fell off a wall - without actually knowing why it did you cannot establish negligence.

But a shelf shouldn't be able to detach itself from whatever it is fixed to, under any circumstances, in a retail store. All fixtures and fittings should be adequately secured at all times. I would now be very cautious if they had suspended ceilings also.

geri1965_2

bobajob_1966 wrote: »

Does it? A shelf fell off a wall - without actually knowing why it did you cannot establish negligence.

So you think it fell off due to magic maybe, or divine intervention?

shaun_from_Africa

bobajob_1966 wrote: »

Does it? A shelf fell off a wall - without actually knowing why it did you cannot establish negligence.

Is there any need to prove negligence seeing as:

The workers in the shop recorded the incident in an accident book and blamed the faulty shelving on a outiside company who fitted it

.
If there is a written record or witnessed verbal record that the shop workers consider that the incident was due to faulty installation then the OP or their girlfriend shouldn't have to prove anything.

Unless there was an earthquake or similar happening, there is no way that a correctly fitted and correctly loaded shelf should ever fall off whether in a shop or in your house.

arcon5

shaun_from_Africa wrote: »

Is there any need to prove negligence seeing as:
.
If there is a written record or witnessed verbal record that the shop workers consider that the incident was due to faulty installation then the OP or their girlfriend shouldn't have to prove anything.

The insurance company won't be happy -- one of the first things they will tell the account holder is to not discuss the incident with anybody, for this exact reason

Hintza

lpp1980 wrote: »

She's has booked doctors appointment for monday, incase its broken.

Today is Friday!

Whay are you waiting until Monday? Not that serious?

wealdroam

Hintza wrote: »

Today is Friday!

Whay are you waiting until Monday? Not that serious?

And OP told us incident happened two days ago.
That'll be Wednesday then?

Clearly not a serious injury.

unholyangel

shaun_from_Africa wrote: »

Is there any need to prove negligence seeing as:
.
If there is a written record or witnessed verbal record that the shop workers consider that the incident was due to faulty installation then the OP or their girlfriend shouldn't have to prove anything.

Unless there was an earthquake or similar happening, there is no way that a correctly fitted and correctly loaded shelf should ever fall off whether in a shop or in your house.

Hmmm if i were the retailer, i would argue my staff are hardly shelving experts, otherwise i wouldnt have had to contract a 3rd party to install them

However, from the OP it isnt clear whether they actually wrote in the accident log that it was due to faulty shelving or whether they even said that. The op wrote "recorded the incident in an accident book and blamed the faulty shelving on a outiside company". This could merely be the OP saying they (the op/his gf) believed the shelving to be faulty and when/if this was put forth to the shop staff, they replied saying something along the lines of they were installed by a 3rd company.

Not saying this is fact, just a different view on what the OP said

stockportsaver

Seriously ,
Several of these replies simply show the posters to be serial self abusers . What is wrong with you people ?
The shop has a liability to ensure that the premesis are safe to accommodate customers wether the shelves were put up by staff or contractors. From the account of the op the shop are in breach of this. It's obviously not a serious injury, as a toe has been hurt, not a limb severed. So what ?
In the first instance evidence the injury and write to the company, see what they have to say. If you cannot negotiate a satisfactory outcome then seek advice off qualified people rather than from the experts on line !

unholyangel

stockportsaver wrote: »

If you cannot negotiate a satisfactory outcome then seek advice off qualified people rather than from the experts on line !

I would imagine most posters already know that the advice given is not "expert" advice. Its actually in the forum rules that sometimes bad advice is given and that you should always do your own research before acting.

However, i feel inclined to comment on your post as i've noticed a few posts from you tonight berating MSE posters.....and basically the forums themselves. Effectively you're telling them to ignore everything said on here (which would include your own comments ironically).

Over my time on MSE the majority of the information I have seen given has been helpful. Of course there are some issues which are not black and white, but that just means a debate can happen in which anyone can participate. I have also seen MSE users advise newbies that due to the complexity of their issue, they would be better seeking professional advice.

No one here (that i've seen) is pretending to be an expert. We're just trying to help and educate so more people are aware of their consumer rights (and even being educated ourselves in the process). From what i've seen of Martin Lewis in the media.......that is what he is trying to do.

With compensation threads.....yes sometimes people poke fun etc. But there is a reason for that. Have you read the threads on here about compensation? Often they are the result of the persons own actions/stupidity (not commenting on this post, just in general) or for something so trivial that caused either no lasting damage/effects or no effects at all. "I bought a cheese sandwich and there was a piece of tomato in it and the packaging did not say it contained tomato and I could have eaten it but I didnt and oh yeah, what compensation am I entitled to?". As one user said earlier, while a goodwill gesture may be in order.....compensation is another matter entirely.

I remember reading about insane compensation claims in the US. Including a women who threw a drink at her boyfriend, got up to storm out and slipped on said drink, another person who tripped over her child running riot in a furniture store, a guy who broke into a house, got locked in the garage and because the family were on holiday....he had to survive on crisps and cans of juice for a week. All of these people won their compensation claims for large amounts of money.

Do you really want to live in a country like that? I know i dont.

Personally I think if you didnt suffer (ie didnt eat the sandwich) then its no harm, no foul and definitely no need for compensation - although if you had to go out of your way to return it, a goodwill gesture should be given. Likewise if it is a minor injury, goodwill gesture. If its a serious injury? Then yes compensation should be sought, but only equal to the injury.

Again, from a personal viewpoint.....if i were in a shop and wearing open toed pretty shoes us women like to wear (which i suspect the OP's gf was), and a shelf happened to fall causing a minor injury to my toe, at most i would seek a goodwill gesture but i would also take responsibility that any severity of the injury was likely my fault for choosing pretty shoes over practical ones. While that may seem harsh.....I'm a believer that accidents happen and if theres no lasting damage, its really not a big deal.

That being said, the OP hasnt returned to clarify what they meant by taking the matter further and what they would like advice on.

It could be they are only seeking a goodwill gesture or even just an apology, which is why i asked them to elaborate in my first response.

geri1965_2

Googlewhacker wrote: »

This is always really a no no because it could be deemed as acceptance of fault.

Well, not really. I deal with claims for a large racecourse, and often when people have accidents on the premises they are offered free tickets and it can have the effect of heading off a claim, as people are satisfied and feel they have been taken seriously/sympathised with. Some do go on to claim, and the fact that they were given tickets has no bearing on my decision whether to settle the claim or not. As long as it's made clear that the tickets (or vouchers or whatever) are given as a gesture of goodwill, most insurers wouldn't have a problem with it.