Hit by wheelchair on escalator - culprit did a runner

tommyjj

Hi everyone,

I;m not even sure this is the correct place to post this but anyway...

My mother in law was using a moving walkway in a supermarket last week (an inclined one between two levels) and was almost at the bottom when a carer pushed a large woman in wheelchair onto the top (behind my MIL).

Unsurprisingly, the carer was unable to hold the wheelchair on the incline and it broke free, with its occupant and careered down the incline and into my mother in law. There was a sign at the top clearly saying NO WHEELCHAIRS

She was knocked out by the accident, lost a tooth, broke a finger and has a large hole in her leg, enormous swelling and general muscle and tendon damage, to the extent that doctors thought she'd shattered her lower leg bones. She's not been able to walk since.

The carer (and person in wheelchair) quickly left the scene, even before the paramedics arrived, and left no details.

What I need to know is was it illegal for them to do that? It certainly would have been if they'd hit someone in a car.

Should the supermarket have called the police, or attempted to get the details of the carer? Is the supermarket under any obligation or liability for the accident?

I have spoken to a lawyer who says there's nothing they can do without the details of the person who caused the accident.

The supermarket have a started a case for it and saved the cctv footage for review at their HQ

any help appreciated!

FiremanDave

Why would you think the supermarket are liable?

To be fair your solicitor is the best one to give you advice and you are unlikely to get the identity of that person on here.

The supermarket have no power to detain them and it's questionable whether there are any criminal offences.

browneyedbazzi

I think it's unlikely that the supermarket will have liability - they owe a duty of care to customers in their shops so need to ensure they have done what they reasonably can to ensure their safety. Putting the sign up on the travelator to say that it isn't to be used by wheelchairs is a reasonable step to prevent this sort of accident - I'm not sure what else they could reasonably be expected to do?

As far as the person who caused the accident leaving the scene goes - there are specific laws relating to motor vehicle accidents but I don't know of anything similar in relation to an accident like your mother in law's. The supermarket couldn't compel the carer to stay or to provide their details and if the accident was an accident (not intentional) then I'm not sure calling the police would be appropriate as there's no crime.

tommyjj

I thought the supermarket might be liable because it happened under their roof, while using their machinery.

The gist of the situation seems to be that someone can cause an accident that could easily have killed someone, and then disappear without any consequences at all?

Yet on the road, if you bump someone at 2 mph at traffic lights and drive off its a criminal offence.

My mother in law didn't come round properly until she was in hospital, so could not have got the person's details from them

...and what if someone just refuses to give out their details, or gives false ones? Can you detain them? or call the police?

There seems to be no protection or legal recourse for a victim at all in this instance.

tommyjj

I can't believe that someone can intentionally ignore a warning sign, cause an accident that may prevent someone from being able to walk properly again, and then do a runner, and not have broken any law at all.

tommyjj

If you were walking along the street and a builder accidentally hit you on the head with a scaffolding pole and fractured you skull, could that builder legally just walk away?

vuvuzela

tommyjj wrote: »

I thought the supermarket might be liable because it happened under their roof, while using their machinery.

The gist of the situation seems to be that someone can cause an accident that could easily have killed someone, and then disappear without any consequences at all?

Yet on the road, if you bump someone at 2 mph at traffic lights and drive off its a criminal offence.

My mother in law didn't come round properly until she was in hospital, so could not have got the person's details from them

...and what if someone just refuses to give out their details, or gives false ones? Can you detain them? or call the police?

There seems to be no protection or legal recourse for a victim at all in this instance.

There certainly is recourse for the victim *if the person/people that caused the accident can be found*.
Just because it happened on supermarket premises doesn't make them liable for this. It's pretty much the same situation as if someone pushed a pram into someone else causing them injury. The supermarket couldn't have prevented this from happening, it is solely down to the other party being reckless / careless.
The fact they have saved the CCTV shows they are trying to help.
You can certainly call the police if someone causes an injury to others, but no you aren't allowed to attempt to detain them.
I have complete sympathy for your MIL for the injuries.

vuvuzela

tommyjj wrote: »

If you were walking along the street and a builder accidentally hit you on the head with a scaffolding pole and fractured you skull, could that builder legally just walk away?

Yes they could. However they would be searched for and prosecuted which is the same as the person who caused injury to your relative.

tommyjj

if you can't legally detain them and aren't able to search their wallet etc, even if they do stop to give details, how can you be sure they're genuine - since giving false details is not an offence

browneyedbazzi

vuvuzela wrote: »

Yes they could. However they would be searched for and prosecuted which is the same as the person who caused injury to your relative.

Prosecuted for what? If it was an accident then I can't see what offence has been committed.

(Although if it was a builder on a work site then there may be offences under Health and Safety at Work Act, so that example is potentially different to the OP)

mattyprice4004

I don't see how you'd think it could be the supermarket's fault - how were they negligent? They can't have a post blocking people with wheelchairs, as that'd stop trolleys too.