Crate fell on my daughter in Morrisons

Ands44

Hello,
Looking for some advice please. Out shopping with my daughter at the weekend. Picked up a packet of strawberries. The crate of grapes next to the strawberries fell off the shelf and on to my daughter's leg. Reported incident before I left the store and asked for it to be recorded in accident book. Recorded in note book of manager instead and assured I would be called back later in the day.
No phone call so emailed head office. Apologetic email from customer service asking if I would be instructing solicitors. Then finally phone calls from the store. Apologetic, denied knowing about it on Saturday. Apologies that accident book wasn't filled out, completed on the phone. Said they would make welfare call to check on my daughter, no call.
Daughter seen at urgent care centre today. No broken bones but muscle sprain and RICE for next two weeks. No running, scooting, cycling, jumping for next two weeks so rubbish Easter holiday,  she is 7. 
Do I contact Morrisons again or get involved in no win, no fee claim? Don't want to distress my daughter but she's in pain and her Easter holidays are spoilt.
Thanks

Billy_B_North

It sounds as though you knocked something down that hit your daughter yet want to try to claim compo for it. I presume I’m getting the wrong end of the stick here, as that’d be ridiculous, so could you possibly explain a bit better what happened? What caused the grapes to fall at that point in time?

IvanOpinion

You have been given an apology by the store so the only thing remaining is how much are you willing to pay your daughter in compensation for accidentally knocking the crate off?

m0bov

Compo compo...

Tigsteroonie

Ands44 said:

No running, scooting, cycling, jumping for next two weeks so rubbish Easter holiday,  she is 7. 
Do I contact Morrisons again or get involved in no win, no fee claim? Don't want to distress my daughter but she's in pain and her Easter holidays are spoilt.
Thanks

Would you ask for less compensation if this had happened once she was back at school?

pinkshoes

Accidents happen.

The crate had probably been moved by a member of the public and your own movement caused it to fall.

The supermarket has apologised. You would need to show that they were negligent. I bet their CCTV would show a member of the public moving it there.

It's 2 weeks. The hospital have been over precautious... I'm sure she will be fine for the second week.

If it is really that bad then sue them for the cost of a wheelchair for 2 weeks so you can all still go out.

paddyandstumpy

Ands44 said:

Hello,
Looking for some advice please. Out shopping with my daughter at the weekend. Picked up a packet of strawberries. The crate of grapes next to the strawberries fell off the shelf and on to my daughter's leg. Reported incident before I left the store and asked for it to be recorded in accident book. Recorded in note book of manager instead and assured I would be called back later in the day.
No phone call so emailed head office. Apologetic email from customer service asking if I would be instructing solicitors. Then finally phone calls from the store. Apologetic, denied knowing about it on Saturday. Apologies that accident book wasn't filled out, completed on the phone. Said they would make welfare call to check on my daughter, no call.
Daughter seen at urgent care centre today. No broken bones but muscle sprain and RICE for next two weeks. No running, scooting, cycling, jumping for next two weeks so rubbish Easter holiday,  she is 7. 
Do I contact Morrisons again or get involved in no win, no fee claim? Don't want to distress my daughter but she's in pain and her Easter holidays are spoilt.
Thanks

I think you're entitled to a basket of kittens, to be hand delivered by nuns; and eleven packs of Morrison's onion bahjees (easily the best supermarket bahjee). 

Stand your ground and don't let them fob you off with 10 packs! 

davidmcn

Tigsteroonie said:

Ands44 said:

No running, scooting, cycling, jumping for next two weeks so rubbish Easter holiday,  she is 7. 
Do I contact Morrisons again or get involved in no win, no fee claim? Don't want to distress my daughter but she's in pain and her Easter holidays are spoilt.
Thanks

Would you ask for less compensation if this had happened once she was back at school?

I think that is actually a valid way of looking at it (if we assume there is in fact any liability) - if e.g. somebody is a keen sportsperson and has had to take a break because of their injuries, they will be entitled to more than somebody whose normal lifestyle is lying on the sofa.

Ands44

The crate had not been placed on the shelf properly, which the supermarket apologised for. As I took the strawberries, the grapes which had been balancing fell. I obviously didn't know that they weren't on the shelf properly as I would not want to cause harm to my own child, or anyone else in the store! 

Ands44

My daughter is a keen gymnast and whilst clubs and trampoline parks are closed has been using all of the methods of exercise and play to stay active. 

JamoLew

Ands44 said:

The crate had not been placed on the shelf properly, which the supermarket apologised for. As I took the strawberries, the grapes which had been balancing fell. I obviously didn't know that they weren't on the shelf properly as I would not want to cause harm to my own child, or anyone else in the store! 

But they are yet to admit liability.

As already mentioned the crate could have been moved by a shopper

Similar to slips on liquids - if the shop cannot reasonably have known there was an issue then liability is hard to prove

Was it the whole crate that fell or just a plastic container of grapes ?

What sort of size,weight and composition was this crate ?

Can you post a photo of it (assuming you took any - i would have in your scenario) or something similar to allow a sense of context

Why the delay in taking her to be seen ?

Odd/intrusive questions maybe - but ones that you would need to answer anyway (and more) if you are thinking of trying to claim for anything/something