Accident at car dealership - what are my rights?

stevetuk

This morning I brought my vehicle to the car dealership for a service and MOT. The forecourt was left untreated and was an ice rink, but I actually slipped and fell on ice while walking up the sloped main entrance, so it was within the main entranceway. I have a swollen arm, wrist and have pain in my neck, elbow and shoulder. It could have been a lot worse I know!

I reported this to the staff inside. They said they hadn't gritted because they'd been told not to. They said they weren't liable for any accidents. I wasn't asked to complete an accident form, they didn't apologise, and nothing was done at all. I am not seeking compensation, but I want to know my rights and what steps they should have taken. It's gone completely unreported in essence. Any advice?

Penguin_

In an ideal world it should have gritted the forecourt, thats about it really.

darrensurrey

I am guessing that they have a common belief that anything like apologising or filling a form would be to acknowledge fault. And I am guessing that the same belief carries through to them not treating the area because if they grit or clear snow and miss a bit or someone slips because snow melts and re-ices then they are at fault... 

They're wrong, according to this, but probably scared of people sueing: https://www.apil.org.uk/press-release/Will-I-be-liable-if-I-clear-snow-and-ice-and-someone-is-injured

Of course, they may have been advised by their insurance people.

DullGreyGuy

stevetuk said:

This morning I brought my vehicle to the car dealership for a service and MOT. The forecourt was left untreated and was an ice rink, but I actually slipped and fell on ice while walking up the sloped main entrance, so it was within the main entranceway. I have a swollen arm, wrist and have pain in my neck, elbow and shoulder. It could have been a lot worse I know!

I reported this to the staff inside. They said they hadn't gritted because they'd been told not to. They said they weren't liable for any accidents. I wasn't asked to complete an accident form, they didn't apologise, and nothing was done at all. I am not seeking compensation, but I want to know my rights and what steps they should have taken. It's gone completely unreported in essence. Any advice?

If you arent seeking compensation then what do you want?

Any claim for damages would require you to 1) prove that they were negligent/liable and 2) substantiate what your losses were. Everything will be based on what did happen not what could have happened. 

Your losses will be divided into two - Special Damages, which are your actual losses (eg if you ripped your trousers as you fell or if you had to take time off work sick) and General Damages which is for pain, suffering and loss of amenities. For the later you'd need to obtain medical reports which would evaluate your injuries, opine on your medical history and provide a future prognosis. 

Given no broken bones or lacerations then you're almost certainly be looking at Small Track which means solicitors fees won't be recoverable so it will be a DIY job or you'd be paying your solicitors 10x+ whatever compensation you may get. 

Bradden

They should have recorded and offered first aid.

I don't believe there is a legal requirement to grit. Some companies I've worked for specifically don't as inadequate gritting could potentially lead to liability if someone slipped - including the employee gritting/



Slipping when gritting | Thompsons Solicitors

Alderbank

Bradden said:

They should have recorded and offered first aid.

Recorded what, how, where and to whom?

The OP is not an employee of the dealership. The HSE only requires reports of accidents to non-employees if they are taken directly to hospital for treatment.

No legal requirement in UK to offer first aid either, even if the OP was bleeding all over the carpet.
Many European countries have 'good samaritan' laws which place a legal duty on citizens to help others in distress and some people believe we in Britain should have something similar.

pinkshoes

stevetuk said:

This morning I brought my vehicle to the car dealership for a service and MOT. The forecourt was left untreated and was an ice rink, but I actually slipped and fell on ice while walking up the sloped main entrance, so it was within the main entranceway. I have a swollen arm, wrist and have pain in my neck, elbow and shoulder. It could have been a lot worse I know!

I reported this to the staff inside. They said they hadn't gritted because they'd been told not to. They said they weren't liable for any accidents. I wasn't asked to complete an accident form, they didn't apologise, and nothing was done at all. I am not seeking compensation, but I want to know my rights and what steps they should have taken. It's gone completely unreported in essence. Any advice?

I'm not sure why it needs reporting or why you have any rights.

It's freezing outside, it has also been wet, and is therefore now icy, so common sense should prevail to be extra careful when walking round, especially on any slopes. 

I walked my kids to school this morning and nearly ended up on my bum as is was so slippery. 

Were the dealership in any way negligent? e.g. had they gone out and tipped a bucket of water on the slope causing the ice? 

There is no requirement to grit surfaces. 

Given the icy conditions, were you wearing suitable hiking style grippy boots on your feet?

Bradden

Alderbank said:

Bradden said:

They should have recorded and offered first aid.

Recorded what, how, where and to whom?

The OP is not an employee of the dealership. The HSE only requires reports of accidents to non-employees if they are taken directly to hospital for treatment.

No legal requirement in UK to offer first aid either, even if the OP was bleeding all over the carpet.
Many European countries have 'good samaritan' laws which place a legal duty on citizens to help others in distress and some people believe we in Britain should have something similar.

Thanks.. I stand corrected. I thought there was a legal requirement to record accidents to members of the public  even if not reportable.

born_again

Bradden said:

Alderbank said:

Bradden said:

They should have recorded and offered first aid.

Recorded what, how, where and to whom?

The OP is not an employee of the dealership. The HSE only requires reports of accidents to non-employees if they are taken directly to hospital for treatment.

No legal requirement in UK to offer first aid either, even if the OP was bleeding all over the carpet.
Many European countries have 'good samaritan' laws which place a legal duty on citizens to help others in distress and some people believe we in Britain should have something similar.

Thanks.. I stand corrected. I thought there was a legal requirement to record accidents to members of the public  even if not reportable.

Shall we just call it a little slip 🤦‍♀️

Okell

stevetuk said:

This morning I brought my vehicle to the car dealership for a service and MOT. The forecourt was left untreated and was an ice rink, but I actually slipped and fell on ice while walking up the sloped main entrance, so it was within the main entranceway. I have a swollen arm, wrist and have pain in my neck, elbow and shoulder. It could have been a lot worse I know!

I reported this to the staff inside. They said they hadn't gritted because they'd been told not to. They said they weren't liable for any accidents. I wasn't asked to complete an accident form, they didn't apologise, and nothing was done at all. I am not seeking compensation, but I want to know my rights and what steps they should have taken. It's gone completely unreported in essence. Any advice?

This isn't a consumer rights question and if you don't want to seek compensation there seems little point in asking what they should have done or what your legal rights are.

FWIW I'm not covinced that the dealership does not a have a legal duty to ensure that their premises are safe for both employees and customers, and if I were you I'd ask the question again over at Personal Injury - LegalBeagles Forum

Flugelhorn

Alderbank said:

No legal requirement in UK to offer first aid either, even if the OP was bleeding all over the carpet.
Many European countries have 'good samaritan' laws which place a legal duty on citizens to help others in distress and some people believe we in Britain should have something similar.

Would be OK if the member of the public knows what they are doing - the thought of hordes of people trying to help with conflicting advice is mindboggling.