Milk over backseats

davidmcn

thomasf5 said:

Aylesbury_Duck said:

No, Morrisons need not accept liability.  Transportation is your responsibility.  No use crying over it. 

the company won’t even be paying out of pocket. They have small claims insurance for issues up to around £250.

Surely they'd self-insure for stuff like that? What would be the point of a big supermarket claim making an insurance claim every time they pay out a few quid?

unholyangel

In order to claim for the valet you'd have to show:
1) Morrisons owed you a duty of care
2) They were negligently in breach of that duty
3) The breach caused the loss
4) The loss was not too remote

While 1 may be a given, I think you will struggle with the rest. Particularly 2. 

Even if done under breach of contract, you'd need to prove the goods didn't conform, the lack of conformity caused the damage and that it was foreseeable. Which again, I think you'd struggle with on all points. 

I would also presume you had the full thing valeted and not just the stained area. So I can understand morrisons reluctance - particularly given the car doesn't look like it's been cleaned in years. Not a dig, to explain....It would be a bit like having a banger that has a few dents already getting a new dent (perhaps from another vehicles door) and asking the other driver to pay for a new panel & respray from a top end garage. In those circumstances, they'd more than likely just get the difference in value between the car with 5 dents and the car with 6 dents. 

mattyprice4004

Why wouldn't you keep milk upright when transporting it? 
It's one of the first 'common sense' things I noticed when picking up shopping - always make sure anything with the potential to stink your car out if spilled doesn't get the chance to spill in the first place. 

It's a bit of a pain, but I always ask a passenger to carry it / prop it up with the other bags etc. A bit of mitigation and foresight would have prevented this. 

Sorry, but I'm with Morrisons here - how do they know you didn't just break the seal and spill it yourself because you fancied new seats? 

pinkshoes

Even with the foil off, if the lid was on and it was secured for transportation then it would not have leaked. 

This leads me to believe that the problem comes down to either the milk not being secured properly when driving, or an erratic driving style that has caused the milk to topple.

I think the proportion of blame lies with the OP here. 

Mop it up and move on.

DoaM

pinkshoes said:

Even with the foil off, if the lid was on and it was secured for transportation then it would not have leaked. 

The screw cap lids are not designed to be liquid tight, although the contents of the bottle shouldn't flood out if the foil is removed - rather it may drip out. However it is quite easy for a greater leakage to occur if the foil isn't sealed, especially if the screw cap is cross-threaded. As I mentioned yesterday, I've had spillage from a "sealed" bottle of milk (usually when it is on its side in the fridge) at least twice a year for as long as I can remember. I'm sure I'm not unique and the only person this happens to, so it shows that this is not an unusual situation.

But the "secured for transportation" is the important point so I still don't think the OP has any reasonable claim against Ms.

TripleH

Further to Unholy Angel's post (and other posts), I would suspect Morrisons would question whether you had taken all reasonable steps to avoid or minimise your losses. I am probably wrong but at the back of my mind there is a case where in the supplier of a product demonstrated that whilst their product did have faults (in that scenario), the buyer had failed to demonstrate reasonable care and the supplier won. Ironically if the milk spill was on the floor of the footwell, which tends to be flatter you might have had a stronger arguement.