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| Misc |
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 Misc World Chat Champion
Joined: 15 Aug 2005 Karma :    
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 Posted: 20:28 - 24 Jun 2014 Post subject: Slipped on floor in Asdas. |
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Hello fellow members, long time poster, casual reader.
Need some advice, my mum slipped on spilt juice in Asda's, went to give her details and report it etc. As she was in a bit of shock she didn't request a copy of said documents/injury claim. She did go doctors next day as she was hurt fairly badly.
There was a witness that helped my mum but she didn't get her contact details, fairly sure she works in the local hospital so going to get an email sent out to the nurses and see if anyone can come forward.
Asda's are now claiming it never happened and have no knowledge of any reports. They even took photos of the floor. The manager has since left, a week or so after it happened. This probably means bugger all but obviously a nice cover up.
She's since been in contact with solicitors who are saying that unless Asda's admit fault, they can't prove that she actually slipped.
Any advice please? |
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| J4mes |
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 J4mes World Chat Champion
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 20:48 - 24 Jun 2014 Post subject: |
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Should have been recorded in an accident book. That's legally required. If not then breach of health and safety regulations.
Might be worth phoning the Health and Safety Executive office that covers the area store in. Report a possible breach of the regulations. If HSE get involved management will start sweating about what else they will find.
Also fwiw not every aisle will have cctv. Iirc mainly down the alcohol aisles. Worth a try though. Depends how long they keep recordings.
Interested how this pans out. ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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| jackw72 |
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 jackw72 World Chat Champion

Joined: 18 Nov 2006 Karma :     
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| hachi8 |
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 hachi8 Trackday Trickster

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| Rogerborg |
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 Rogerborg nimbA

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| P.addy |
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 P.addy Red Rocket
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| hachi8 |
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 hachi8 Trackday Trickster

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| clancy |
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 clancy World Chat Champion

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| Bendy |
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 Bendy Mrs Sensible

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| kawakid |
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 kawakid World Chat Champion

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| -Matt- |
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 -Matt- World Chat Champion
Joined: 28 Apr 2013 Karma :     
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 Posted: 23:49 - 24 Jun 2014 Post subject: |
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Never understood in these situations why someone must be made to take the blame and then pay up.
If the entire shop floor was purposely smeared with grease perhaps - but things like this are just an unfortunate accident surely.
Where does it end - slip on a wet leaf and blame the council for not adequately draining or sweeping the pavement  |
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| metalangel |
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 metalangel World Chat Champion

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| Itchy |
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 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
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 Posted: 05:49 - 25 Jun 2014 Post subject: |
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The thing is the pay up before it goes to court is the path of least resistance, after all insurance will cover it is the mentality.
Much like speeding tickets parking tickets and cautions it is the path of least resistance even though they have a snowball chance in hell of any shred of merit and would be thrown out in a court. ____________________ Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
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| Alpha-9 |
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 Alpha-9 Super Spammer

Joined: 19 Jan 2012 Karma :  
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 Posted: 06:27 - 25 Jun 2014 Post subject: |
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I was watching a video on most stupid lawsuits, one couple killed a kid with their SUV then tried to sue the family of said kid for damages to their bumper  ____________________ Fzr-600 1999 |
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| ScaredyCat |
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 ScaredyCat World Chat Champion

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| Ribenapigeon |
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 Ribenapigeon Super Spammer

Joined: 20 Feb 2012 Karma :   
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 Posted: 09:25 - 25 Jun 2014 Post subject: |
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If there is anything that pisses me off its when some bored old twat decides to use some snow on the path as an excuse to give his sad life some meaning by clearing the snow and turning the path into an icerink. |
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| Baffler186 |
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 Baffler186 World Chat Champion

Joined: 31 May 2013 Karma :   
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 Posted: 10:38 - 25 Jun 2014 Post subject: |
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| hachi8 wrote: | im fed up of this blame culture. Someone falls over and then looks to see who they can claim off. Its like common sense no longer exists. | So if a member of your family tripped on a wonky drain cover and died, even if you'd reported said drain cover to the council a week before, you would accept it as "just one of those things?" I was not in ASDA on the day this thing happened, but we don't know how long the spill had been there, whether it had been reported to anyone etc. There is a definite line between accident and negligence, and it would be up to ASDA to prove that the spill happened a short time ago and was not reported, hence not their fault. If they couldn't prove this then I'd have no problems with pursuing monies for any loss of earnings.
The other point I'd make is that the claimant also needs to prove how the "incident" has cost them money. If they don't work, and were treated for free under the NHS, then I don't think any kind of compensation is required, maybe just a good-will gesture from ASDA.
So, OP, I would definitely follow RogerBorg's link and get that CCTV or log book record, or whatever you can. If they genuinely can't produce anything then I think you'd stand some chance of proving it was their negligence, failure to follow proper spillage procedures etc etc. That said, what financial loss did your Mum suffer? If none, then no compensation is required in my eyes. ____________________ Current: 2009 SV650 S, 1990 Kawasaki GT550
Previous: 2009 CBF125, 1998 GSF600, 2004 FZ6 Fazer, 1978 CB400a Hondamatic |
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| DrSnoosnoo |
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 DrSnoosnoo World Chat Champion

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| Conzar |
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 Conzar World Chat Champion

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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 11:54 - 25 Jun 2014 Post subject: |
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I remember this in the news before I left the country. The discussion from the armchairs and the tabloid press was basically along the lines of those above. The lawyers who were brought on the radio & tv programmes I listened to said that there was no chance of losing a snow clearing case if the person doing the clearing didn't do something grossly negligent.
Same with a supermarket - if there's a spillage they have to clean it up in a reasonable timeframe. Probably need to put out signs within a few minutes of it being reported. They will, however, most likely settle before court which is where the compo comes from. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com |
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| Robby |
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 Robby Dirty Old Man

Joined: 16 May 2002 Karma :   
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| Misc |
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 Misc World Chat Champion
Joined: 15 Aug 2005 Karma :    
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| Baffler186 |
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 Baffler186 World Chat Champion

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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 15:08 - 25 Jun 2014 Post subject: |
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| Misc wrote: | ...They told her they only keep records for a short number of days. |
As in my post above, contravening health and safety directives, or in short, breaking the law. Talk to a manager. Face to face.
Or, as you have tried resolution with the store, bump it up to head office in Leeds...
Asda House,
South Bank,
Gtreat wilson Street,
Leeds
LS11 5AD.
Telephone 0113 2417732.
Also Asda Customer services on 0800 952 0101. ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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Old Thread Alert!
The last post was made 12 years, 145 days ago. Instead of replying here, would creating a new thread be more useful? |
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