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Slipped on floor in Asdas.

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Misc
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PostPosted: 20:28 - 24 Jun 2014    Post subject: Slipped on floor in Asdas. Reply with quote

Hello fellow members, long time poster, casual reader. Smile

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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PostPosted: 20:47 - 24 Jun 2014    Post subject: Reply with quote

Aisle + time n date = CCTV
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PostPosted: 20:48 - 24 Jun 2014    Post subject: Reply with quote

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.
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hachi8
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PostPosted: 21:01 - 24 Jun 2014    Post subject: Reply with quote

Get your mum to be a bit more observant where shes walking in future.
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Rogerborg
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PostPosted: 21:01 - 24 Jun 2014    Post subject: Reply with quote

Subject access request.
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P.addy
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PostPosted: 21:28 - 24 Jun 2014    Post subject: Reply with quote

hachi8 wrote:
Get your mum to be a bit more observant where shes walking in future.


Part agree, but I'd say in the case of my mum being partially sighted and fairly crippled... if this happened I'm sure she would have done all she could to have see the spillage.

Unsure in this aspect, but you weren't there to give an accurate assessment. I know my local Asda is a dimly lit, faggot infested hell hole so you'd not see much on the floor.
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hachi8
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PostPosted: 21:40 - 24 Jun 2014    Post subject: Reply with quote

Paddy. wrote:
hachi8 wrote:
Get your mum to be a bit more observant where shes walking in future.


Part agree, but I'd say in the case of my mum being partially sighted and fairly crippled... if this happened I'm sure she would have done all she could to have see the spillage.

Unsure in this aspect, but you weren't there to give an accurate assessment. I know my local Asda is a dimly lit, faggot infested hell hole so you'd not see much on the floor.


Not wrong on your assessment of Asda.

I was a bit harsh...but thats just because 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.

Your instance may well be genuine....but the orange juice could have just that second been spilt...so its not the supermarkets fault. If it happened to me I would be annoyed but just brush myself down and remind myself to be more observant in future...rather than think who I can claim ££££££ from.
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clancy
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PostPosted: 21:42 - 24 Jun 2014    Post subject: Reply with quote

Get hse involved if asda aren't cooperating , things will get settled pretty fast then
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Bendy
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PostPosted: 21:48 - 24 Jun 2014    Post subject: Reply with quote

hachi8 wrote:
[Your instance may well be genuine....but the orange juice could have just that second been spilt...so its not the supermarkets fault. If it happened to me I would be annoyed but just brush myself down and remind myself to be more observant in future...rather than think who I can claim ££££££ from.


Very much this. Compo culture is a pox on this country.
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kawakid
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PostPosted: 21:49 - 24 Jun 2014    Post subject: Reply with quote

I've been taken out of a car by the fire brigade after been crashed in to. Never thought to claim. A few weeks later I was okay nowt broken. I'd rather not get hurt, I don't really get the compo thing, but then I don't really care for money, I'm not well of just content.
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-Matt-
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PostPosted: 23:49 - 24 Jun 2014    Post subject: Reply with quote

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 Thinking
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metalangel
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PostPosted: 02:52 - 25 Jun 2014    Post subject: Reply with quote

-Matt- wrote:

Where does it end - slip on a wet leaf and blame the council for not adequately draining or sweeping the pavement Thinking


In the UK clearing the snow off your path is a bad idea:

https://www.theanswerbank.co.uk/Law/Question848987.html

Whereas in many jurisdictions in North America, you have to clear your property and sidewalk (footpath) within a certain time after a snowfall or you are in deep... ahem... snow:

https://windsorite.ca/2014/01/clear-your-sidewalks-of-snow-its-the-law/
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Itchy
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PostPosted: 05:49 - 25 Jun 2014    Post subject: Reply with quote

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.
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Alpha-9
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PostPosted: 06:27 - 25 Jun 2014    Post subject: Reply with quote

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 Laughing
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ScaredyCat
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PostPosted: 06:34 - 25 Jun 2014    Post subject: Reply with quote

Alpha-9 wrote:
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 Laughing


Perhaps this is the one you meant?

https://www.ottawacitizen.com/Driver+that+cyclists+suing+dead+teen+family/9772606/story.html

"the female motorist who struck and killed a teenage cyclist 18 months ago is now suing the estate of the dead boy for more than $1 million."

....

' "…her enjoyment of life has been and will be lessened,” the document says.'
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Ribenapigeon
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PostPosted: 09:25 - 25 Jun 2014    Post subject: Reply with quote

metalangel wrote:

In the UK clearing the snow off your path is a bad idea:

https://www.theanswerbank.co.uk/Law/Question848987.html

Whereas in many jurisdictions in North America, you have to clear your property and sidewalk (footpath) within a certain time after a snowfall or you are in deep... ahem... snow:

https://windsorite.ca/2014/01/clear-your-sidewalks-of-snow-its-the-law/


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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PostPosted: 10:38 - 25 Jun 2014    Post subject: Reply with quote

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.
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DrSnoosnoo
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PostPosted: 10:44 - 25 Jun 2014    Post subject: Reply with quote

hachi8 wrote:
Not wrong on your assessment of Asda.

I was a bit harsh...but thats just because 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.

Your instance may well be genuine....but the orange juice could have just that second been spilt...so its not the supermarkets fault. If it happened to me I would be annoyed but just brush myself down and remind myself to be more observant in future...rather than think who I can claim ££££££ from.


I know for a fact that if ASDA could show their routine of managing spills in the store, maybe that some member of staff will walk down each aisle every 10 mins, they've done all they could to minimise this risk. Then it'll get thrown out.

If someone trips outside, the council just have to prove they do their visits down the streets every x months. It's not as simple as claiming straight away.
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Conzar
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PostPosted: 11:45 - 25 Jun 2014    Post subject: Reply with quote

Poor obs.
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daemonoid
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PostPosted: 11:54 - 25 Jun 2014    Post subject: Reply with quote

metalangel wrote:
In the UK clearing the snow off your path is a bad idea:

https://www.theanswerbank.co.uk/Law/Question848987.html

Whereas in many jurisdictions in North America, you have to clear your property and sidewalk (footpath) within a certain time after a snowfall or you are in deep... ahem... snow:

https://windsorite.ca/2014/01/clear-your-sidewalks-of-snow-its-the-law/


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.
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Robby
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PostPosted: 12:24 - 25 Jun 2014    Post subject: Reply with quote

Whilst I'm not a fan of the compensation culture, this is because the demands the for compensation tend to be vastly exaggerated. In this case, someone slips on some liquid and falls over. Compo culture would be trying to get a grand out of them, which is wrong.

That said, there's nothing wrong with writing a letter telling them what happened, you might get a voucher for a tenner or something. That would seem like suitable compensation to me.
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Misc
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PostPosted: 14:19 - 25 Jun 2014    Post subject: Reply with quote

Thanks for the replies.

Just to add, no person who worked for Asdas actually attempted to help my mum, it actually took a women to scream at the staff to come over. Mother suffered pretty bad injuries to an already bad leg with a recent arthritis in the knee. This wasn't some whip-lash type claim from a small shunt up the rear.

It's more so to do with my mums disgust of how they dealt with the situation.

The incident happened at the tills so hopefully plenty of footage. I think she already asked them (casual phone call) They told her they only keep records for a short number of days.
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Baffler186
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PostPosted: 14:34 - 25 Jun 2014    Post subject: Reply with quote

Misc wrote:
They told her they only keep records for a short number of days.
this is utter bollocks, and a blatant poor attempt to sweep the problem under the carpet. I don't believe for one minute that they log an incident in the logbook, and then shred it after a few days. Keep writing letters to the manager, and if necessary head office. I know you're not chasing financial compensation, but the fact that they couldn't give a hoot about looking after paying customers would be enough for me to bother them for an apology at least
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PostPosted: 15:08 - 25 Jun 2014    Post subject: Reply with quote

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.
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