Personal Injury, should I claim.

cherabelle

Hi,


I am wondering if anyone can offer some advice. Before I start, I'd like to stress I am looking for advice following an accident as to my rights and how to proceed.


I was in supermarket earlier today, I visited the ladies toilets and as I was going to leave slipped on an oily, milky coloured substance which can only be described as like slime. After about 5 mins a member of staff finally came to help me. As a result, 111 helpline was called and I was sent to hospital. I have got 4 fractures in my arm and shoulder where I have tried to break my fall and a very sore hip and tailbone from landing. I am now not able to drive for around 6 weeks, which means getting to work and other general tasks become very difficult. I have no option to work from home and so my only alternative will be taxis at around £20 a day plus getting assistance to go shopping etc. I normally play tennis twice a week and do pole fitness, both of which I will not be able to do for many more weeks.


It has and will have a significant impact on my day to day life whilst I am unable to drive and do my normal activities. The financial impact of having to pay for taxi's every day is a strain as well, totalling a minimum of £400 per month.


Do you think I am right to contact the supermarket and explain to them the situation and request they provide me some assistance with these costs? Would I be better contacting a claims management company to get this sorted? Is there anyway I can do this without involving a claims management company who from what I can tell will take a significant portion of what ever I can claim from the supermarket.


Thanks in Advance.

ThumbRemote

You only have a valid claim if the supermarket have been negligent. They can't be expected to clean the toilets after every customer, they just need to do it a reasonable number of times a day.

There's nothing to stop you talking to the supermarket, or to a claims company, but there's no guarantee of anything.

ThumbRemote

By the way cherabelle, unfortunately on these boards anyone posting about personal injury claims is likely to get a stream of nonsensical responses.

Usual responses include people claiming you're not telling the full story or even outright lying. Someone usually crops up to point out how in 1972 they lost all their organs in a chip fryer accident but never thought of claiming, and because they are stupid you should be too. Then you get responses saying you should get friends or family to do everything for you so you wouldn't have any financial losses. And a good smattering of people who completely misunderstand the law chipping in too.

Just warning you in advance.

cherabelle

Thanks for your advice. I will keep an eye out and take them with a pinch of salt.

Anoneemoose

I can't give you any advice other than what ThumbRemote says is true.

It sounds like you actually have and will suffer loss so if there is negligence then yes, you should be able be compensated - not sure how easy it is though. I would certainly seek official legal advice and see where you stand. And definitely contact the supermarket, they may offer something without having to fight. But again, to find out whether if any offer is reasonable, it is probably best to get proper advice as well.

Good luck and wishing you a speedy recovery.

cherabelle

I was dealt with by a first aided and the duty manager, and then the next duty manager took over. They remained with me the whole time. The incident was immediately reported to the stores H&S and an accident form was filled in over the phone immediately. The store is aware that I was going straight to the hospital.

The woman at HQ who took my details about the accident said they do not normally call and the staff at the store did not take my personal details. I was a little shook up at the time and didn't think to tell them off my own back. I will call them tomorrow and advise them of what has been said. I have got copies of my admission notes and also of letters for follow up appointments for the fracture clinic etc. I have got to call the GP tomorrow to see about getting my hip looked at.

I know it seems a little premature but the idea of not being able to drive to work etc for a minimum of 6 weeks etc is fairly daunting and a huge strain on me financially.

Thanks for the advice so far.

sillyvixen

if you slipped on a substance on the floor and caused these sort of injuries - there needs to be some liability on the part of the supermarket. i am surprised they did not take your details - 2 years ago i went over on my ankle in a shopping center and fell heavily on my arm causing 4 fractures in arm and shoulder - no ones fault - just bad luck!! they took all my details and kept in touch with me - even though there was never going to be a claim - my injuries did affect my day to day living (and i was unable to drive for 4 1/2 months). this was a plain and simple - no fault accident!! trust me if this had been caused in any way by the shopping center i would have made a claim! it was bad enough going through it - but had it been something that was avoidable -m that is another matter!!

wealdroam

sillyvixen wrote: »

if you slipped on a substance on the floor and caused these sort of injuries - there needs to be some liability on the part of the supermarket.

But as explained above, only if the supermarket has been negligent.

jellie

Will your employer help with the travelling costs, as it's in their interests for you to get to work. If I had 4 fractures in my arm and shoulder, I wouldn't be going to work, but I do get paid sick leave.

The supermarket might deliver your shopping free of charge for you while you're incapacitated, if you ask.

rudekid48

Check to see if you have a 'legal expenses' or 'legal helpline' extension / add-on with your house insurance. You may be able to at least get some free advice as to whether it is worth pursuing a claim. If it is - and you have legal expenses cover - then you will be able to use this service to purse a claim without losing any of your potential payout.
If you go to a 'no win no fee' solicitor then they can charge up to 25% of whatever you recover - although you can negotiate this down.


Also, make sure that you keep receipts for any expenses that you incur. Taxis may be most convenient but if alternatives are available e.g. buses then you will need to demonstrate that you have mitigated your losses.

pinkshoes

cherabelle wrote: »

I was in supermarket earlier today, I visited the ladies toilets and as I was going to leave slipped on an oily, milky coloured substance which can only be described as like slime. .

To make a claim, you will need to show the supermarket was negligent, as others have already said.

Would this slime likely to be a soap spillage from a hand dispenser?

Most supermarkets have a cleaning rota up on the wall in the toilets, showing when it was last cleaned, and signed by who ever cleaned it. They usually have a policy of them being cleaned every X hours, and some even have a notice asking you to inform them if they haven't been checked.

I would ask to see a copy of their toilet check schedule for that day, and if there is some sort of sign off sheet showing they had been checked.

If they hadn't been checked all day, then you can probably prove negligence.