Sainsburys

uktim29

marleyboy wrote: »

Ridiculous!

It's true. People never want to blame the customer who obviously either left it lieing around knowing it was windy or didn't park it properly. People always want to blame the company instead.

We just know that the op couldn't see anyone clearing trollies. I haven't read anywhere that the op checked that noone was at all on duty doing this. Therefore you can't say Sainsburys didn't take reasonable steps to stop it happening.

This is where people on here seem to forget the definition of reasonable. On this forum reasonable seems to be have so many people on duty that nothing can ever happen what so ever at all!

looby-loo_2

Annie_711 wrote: »

Hello there, I came out from Sainsburys to find a trolley embedded into the side of my car. The manager came out and saw the trolley, apologised (extremely windy day and nobody collecting trolleys) and told me to get two garage quotes. After me having to make many many telephone calls I am informed by Sainsburys that they only ever pay half of the claim, in my case the claim is for £400. They say that it is in their car park at our own risk (I thought that only related to theft etc) I am furious. My insurance company say they will deal with claim but I will loose excess and also no claims bonus. This is NOT fair. Any advice. Annie

Not much use to you now but but in the future you could think about taking out a policy with 'protected no claims bonus' I think it only cost about £15 more and I can have two claims each year without penalty.

My mum had a hugh claim (£7000) earlier this year and it has just been renewed for only £10 more than last year so well worth the extra

IvanOpinion

uktim29 wrote: »

This is where people on here seem to forget the definition of reasonable. On this forum reasonable seems to be have so many people on duty that nothing can ever happen what so ever at all!

This is actually something that scares me and goes totally against the concept of MSE. I almost feel that some people would like little helpers chasing after them picking up and tidying up and dealing with all their little woes. I am sure they would not be willing to pay for them .. and I sure as hell do not want to have to pay for them. Even if the trolley boy was not about maybe the trolley boy was on his lunch break or mid morning/afternoon break ... this is a legal entitlement and is not negligence on the part of the store.

A couple of years back I came back to my car (it was only a few weeks old) to find it had been damaged in an Asda car park (it may have been a trolley, it may have been somebody reversing in it). I was very annoyed at the time but it was not ASDAs fault .. it was the fault of the inconsiderate pratt that damaged my car and then didn't even have the guts to stay about.

Some days we just have to accept that !!!!!! happens ... it is not deliberate, it is not personal, it is just what it is .. an accident. We are developing into a society that can not handle day-to-day events and always need to find someone else to blame ... and often the deeper the pockets of that third party the more likely they are to be blamed.

Ivan

marleyboy

And you think blaming the car owner for damage to a shopping trolley that has blown into their car is not just a tad ridiculous?

IvanOpinion

marleyboy wrote: »

And you think blaming the car owner for damage to a shopping trolley that has blown into their car is not just a tad ridiculous?

I meant that purely tongue in cheek .. hence the little smiley-ette at the end .. however it has merits .. if they had have saved the environment and carried their shopping home then their car would not have been there to be damaged in the first place

ivan

marleyboy

IvanOpinion wrote: »

I meant that purely tongue in cheek .. hence the little smiley-ette at the end .. however it has merits .. if they had have saved the environment and carried their shopping home then their car would not have been there to be damaged in the first place

ivan

So are you now saying that it serves the OP right for not walking home with their shopping? May I ask why a supermarket would install a car park at their stores? Maybe you think its a vast pavement. I'm all for conserving the environment, but I think that maybe a tad off the general subject in question.

RichyRich

Re negligence - see Ward v Tesco Stores. In that case, a woman slipped on yogurt that a customer had dropped on the floor and had failed to report to staff.

Tesco could prove that they regularly patrolled the store and had procedures in place to mop up spillages. Nevertheless, Tesco were held liable to the injuries to the woman due to their negligence, despite the fact that it was not them who spilt the yogurt.

I hope you can see the similarities to this case. Tesco didn't leave the trolley in the car park, but did have procedures in place to remove stray trolleys and return them to their rightful place. The manager informed the customer that they did not follow those procedures that day. That is surely a clear admission of negligence. As Denning said in Thornton v Shoe Lane Parking, such an enormous destruction of rights must be picked out in red and its prominence marked with a big red hand, or something equally noticeable. Speaking figuratively, of course.

uktim29

RichyRich wrote: »

The manager informed the customer that they did not follow those procedures that day.

Do you mean the op's case? I haven't read the manager informed the customer that they did not follow those procedures that day anywhere. It's says he apologised, thats all.

fairenoughclough

Whatever happened to innocent until proven guilty, what if the trolley was rammed into the car deliberately by someone with a dispute with the poster.

Are Sainsbury's liable because they allowed someone with a grievance to use one of their trolleys, do they now need to have fingerprint id as well as £1.00 deposit on their trolleys ?

Seems to me like we're getting to much like the USA, SUE SUE SUE and b*gg*r the consequences.

IvanOpinion

marleyboy wrote: »

So are you now saying that it serves the OP right for not walking home with their shopping? May I ask why a supermarket would install a car park at their stores? Maybe you think its a vast pavement. I'm all for conserving the environment, but I think that maybe a tad off the general subject in question.

:rotfl: :rotfl: sense of humour melt down alert

Ivan