Hit by wheelchair on escalator - culprit did a runner

FiremanDave

tommyjj wrote: »

I thought the supermarket might be liable because it happened under their roof, while using their machinery. but have the supermarket been negligent?

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?thats about the sum of it

Yet on the road, if you bump someone at 2 mph at traffic lights and drive off its a criminal offence.and why? because legislation says it is

My mother in law didn't come round properly until she was in hospital, so could not have got the person's details from themequally if she had come round she couldn't force the other party to give them

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

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

Even if you obtain the persons details what are you intending to do?

FiremanDave

tommyjj wrote: »

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

You're right there giving false details is not an offence, you can call yourself Mickey Mouse if you like.

Giving false details to pervert the course of justice is however and offence.

tommyjj

browneyedbazzi wrote: »

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

that puts the whole personal-injury 'industry' in doubt then

browneyedbazzi

tommyjj wrote: »

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

Giving false details would be an offence. You can't force a person to give you their details but if they give you false information in a situation where you may need the information to pursue them for losses then that would be an offence under the Fraud Act.

PlymouthMaid

I can see why the OP (and MIL) woudl be terribly distressed by this and perturbed that nothing can be done. However without the culprit it is going to tough if not impossible I imagine to get any compensation. It certainly does not seem fair though as I know if that had happened to me, apart from being in huge pain and maybe with ongoing health issues as as a result, I would also be very broke as unable to work. I suppose you could get one of those 'accident which is not your fault' companies to advise you but, again, I doubt anything can be done without ID of the perpetrators.

FiremanDave

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.

Not sure what you're saying there.

If the builders act was an assault yes the police would "searched for" them.

If it was an accident it would be down to health and safety.

Both would investigate and there maybe a prosecution.

browneyedbazzi

tommyjj wrote: »

that puts the whole personal-injury case in doubt then

A personal injury case is not a prosecution, it is a civil action.

A prosecution is a criminal case (in the criminal courts) which results from someone committing a criminal offence.

A civil action is where you sue someone for losses or damages in the civil courts.

FiremanDave

tommyjj wrote: »

that puts the whole personal-injury 'industry' in doubt then

Where there's blame there's a claim.


You need to prove blame.


So it puts nothing I doubt unless you think you just tell theses people and they pay out.

FiremanDave

PlymouthMaid wrote: »

I can see why the OP (and MIL) woudl be terribly distressed by this and perturbed that nothing can be done. However without the culprit it is going to tough if not impossible I imagine to get any compensation. It certainly does not seem fair though as I know if that had happened to me, apart from being in huge pain and maybe with ongoing health issues as as a result, I would also be very broke as unable to work. I suppose you could get one of those 'accident which is not your fault' companies to advise you but, again, I doubt anything can be done without ID of the perpetrators.

Not tough but impossible.

PasturesNew

Similar event, out of 'interest': http://www.thenorthernecho.co.uk/news/1751499.hunt_for_driver_of_hitandrun_mobility_scooter/

Even with motorised ones no insurance is required, they're advised to get public liability. http://www.thenorthernecho.co.uk/news/1780965.Police_highlight_law_after_mobility_scooter__hit_and_run_/?ref=arc

Only "long shot" might be if they can be traced and if the "carer" is in the employ of an agency, it'd be a private case for negligence or something.