Injury in Toys R US

[mraja]

Hi,

I bought a sandspit and two bags of sand for my kid. They were loaded on to the trolley by the sales person (as they were heavy) but put at one side of the trolley in vertical position. Now when i was about to leave the store with my kid i had to leave the trolley to get him down from a ride and by the time i approached him the trolley tripped over falling on me and bruising my arm. The bruise is around a foot long and its very painful as well. Staff filled out accident report and i was surprised to see they didn't have first aid kit. therefore the store manager applied an ice lolly on to my arm. I have booked an appointment with the doctor as well as it is not getting better.

Now my question is where to go next? What should i do or at least what should i expect from them. Some apology?


Thanks.

[Hobbie]

mraja,

It all depends on what you require from them, an appology or compensation, as Toys 'R Us completed an accident report form, at least it is recorded with the company.

An apology will be some what easy to get from them, compensation may be alittle somewhat more difficult, as it may be argued that it was an accident that could of been prevented by yourself, in that you LET GO of the trolley thus your actions caused it to fall onto you.

If it is compensation you are wanting for your injury, and possible loss of earnings due to time off work taken to visit a GP/A&E your best bet would be to contact one of these 'Claims' Companies.

[mraja]

Thanks Hobbie. I just checked the sand bags and it is stated on them to put in the middle of the trolley in horizontal position which obviously sales person ignored. As far as compensation is concerned since i didn't had a fractures arm (which i am quite happy for not having it ) it won't be that huge which may change my life so yeah i think i should demand apology which should be quick and easy.

Kind regards.

[Hobbie]

In that case, a straight forward letter to the general manager of the branch, giving all information about the incident, if you are not wishing to pursue compensation from them then tell them in the letter, that if you receive an apology then no further action from yourself will be taken (in doing this you will waive your right to sue them though) this will encourage them to give you the apology so you deserve.

[BankFodder]

Take photographs of the injury at different stages of its progress.

[Conniff]

Originally Posted by Hobbie

In that case, a straight forward letter to the general manager of the branch, giving all information about the incident, if you are not wishing to pursue compensation from them then tell them in the letter, that if you receive an apology then no further action from yourself will be taken (in doing this you will waive your right to sue them though) this will encourage them to give you the apology so you deserve.

There will probably be a nice little voucher enclosed as well.

[kangaroozoo]

Originally Posted by mraja

Thanks Hobbie. I just checked the sand bags and it is stated on them to put in the middle of the trolley in horizontal position which obviously sales person ignored. As far as compensation is concerned since i didn't had a fractures arm (which i am quite happy for not having it ) it won't be that huge which may change my life so yeah i think i should demand apology which should be quick and easy.

Kind regards.

I credit you for allowing common sense to prevail.

I'm not keen on this ambulance chasing compensation culture that has winged its way over from America where an accident is no longer and accident and someone MUST be held to account.

Write them a stern letter by all means. Explain that it could easily have been one of your children it fell on and that should they offer an apology and recognise that the member of staff was partly to blame then you won't take any further action. As Conniff says, they'll probably throw in a voucher for you.

Good luck.

[Weird Al Yankovic]

Originally Posted by kangaroozoo

I credit you for allowing common sense to prevail.

I'm not keen on this ambulance chasing compensation culture that has winged its way over from America where an accident is no longer and accident and someone MUST be held to account.

I see absolutely nothing wrong with investigating an accident to see if somebody is to blame, should compensation be a consequence of that then that's fine by me.

[kangaroozoo]

Originally Posted by Weird Al Yankovic

I see absolutely nothing wrong with investigating an accident to see if somebody is to blame, should compensation be a consequence of that then that's fine by me.

I see absolutely everything wrong with people forgetting the meaning of the word accident. 20 years ago, falling over a raised paving slap would be met with laugher and a joke. Today it's met with a lawsuit.

I've no problem with people claiming compensation when they have incurred a financial loss or someone deliberately set out to harm and/or deprive.

[Hobbie]

Originally Posted by kangaroozoo

I see absolutely everything wrong with people forgetting the meaning of the word accident. 20 years ago, falling over a raised paving slap would be met with laugher and a joke. Today it's met with a lawsuit.

I've no problem with people claiming compensation when they have incurred a financial loss or someone deliberately set out to harm and/or deprive.

Could not agree more, an accident is merely that, we all have accidents now and then, its part of life, but doesn't mean someone else is to blame.

Someone walking down the street and tripping over a paving slab, I would argue that the person should have had the eyes open and watching where to walk, if it was a pile of dog **** i'm sure you'd miss that, if not then some say its lucky.

But each to themselves, if people want to claim compensation then that is upto each person, it is not the person at fault it is the these claim companies and the law for allowing it to be done so easy, after all people are just human and will follow the flock, if one does it, everyone does it. type of thing.

Anyway, back to the OP's message. It's upto you how you decide to proceed, and I wish you the best of luck in what ever line you proceed with.

[Weird Al Yankovic]

Originally Posted by kangaroozoo

I see absolutely everything wrong with people forgetting the meaning of the word accident. 20 years ago, falling over a raised paving slap would be met with laugher and a joke. Today it's met with a lawsuit.

So what?

When employed I pay £120 per month Council Tax. I expect to walk on a pavement without breaking a toe.

What about the blind, infirm, small children and elderly tripping on a raised slab? I see nothing funny about that.

I've no problem with people claiming compensation when they have incurred a financial loss or someone deliberately set out to harm and/or deprive.

Then that wouldn't be an accident but more like assault and/or theft.

If somebody bumped into me and tipped their can of pop over me then I dare say I would be mildly miffed but would accept it was just an accident.

If I trip on a raised pavement slab and break my toe then I would want an explanation and I would seek possible action.

...

[kangaroozoo]

So what?

When employed I pay £120 per month Council Tax. I expect to walk on a pavement without breaking a toe.

What about the blind, infirm, small children and elderly tripping on a raised slab? I see nothing funny about that.

My partner dropped a bottle of milk. It smashed. I ended up with a piece of glass in my foot. Should I sue her?
Would you sue the council if you stubbed your toe on the kerb?
I'm not talking about blind, infirm and/or elderly. I'm talking about able bodied people.

Then that wouldn't be an accident but more like assault and/or theft.

If somebody bumped into me and tipped their can of pop over me then I dare say I would be mildly miffed but would accept it was just an accident.

If I trip on a raised pavement slab and break my toe then I would want an explanation and I would seek possible action.

I'll explain it a bit better. If an accident has resulted in a financial loss for the victim then I have no problem with them seeking recompense.
If there was deliberate negligence which resulted in an accident then I have no problem with people claiming compensation.
If someone sets out to deliberately harm and/or deprive then quite clearly it's not an accident, and they would be well within their rights to seek recompense.

So you would accept it as an accident. Now substitute the can of pop for a cup of coffee. Would you feel the same?

If you trip on a raised slab and break your toe then why would you want an explanation? Why would you need an explanation? Why could you just not accept that you were clumsy and failed to watch where you were walking? Why does someone need to be held responsible for it? Why do you need to look to blame somebody else for it?

Year on year, I see an increase in every insurance premium I pay. Nothing ever decreases. The cost of this ambulance chasing culture is plain to see. Companies don't take a dent to the profits when they pay compensation. They just hike their prices and we all end up paying for it. Added to that the increasing fuel costs and think about it next time you're walking round ASDA and you remember the story of the bloke that tried to sue for slipping on a grape.

[Bookworm]

Weird Al and I don't always agree (understatement of the week ), but I have to say I am with him on this one.

Companies don't do good feeling, and seldom do good customer service unless it profits them in some way, and the only way to take them to task is by hitting them in the pocket to make them face up to their responsabilities. Sad, but true.

Yet again, I am reeling out my own experience, which came about long before the alleged compensation culture came about (JonCris, I believe, has the evidence that there in fact no such thing and it is mainly media spin):

I was walking back to my car in a hurry to feed my then 5-week-old baby who was in my arms. Going back to the parking space, I tripped in a hole. Said hole was where there used to be a wooden post, part of a whole range of them, put there by the council to stop people parking on the grass. That one was missing and had left the hole, which was a) covered in leaves from that winter (accident happened in May) b) bigger than it would have been if it had been recent.

Because of holding my baby and trying to protect his head rather than breaking my own fall, I twisted and my foot got caught in the hole. Long and short of it is, I broke my ankle.

That hole had been there for months. Once I sued the council, they fixed it within 5 days. I am 100% certain that if I hadn't, the hole would still be there now.

It's not just about compensation (the amount I got will never adequately compensate the fact that my ankle still gives me grief years later and probably always will, nor for the hassle to try and look after a new-born baby on crutches), it's also about accountability.

[Weird Al Yankovic]

Originally Posted by kangaroozoo

My partner dropped a bottle of milk. It smashed. I ended up with a piece of glass in my foot. Should I sue her?

And what if it was a stranger who did this whilst out shopping in a supermarket?

What if it was an employee of that supermarket?

What if it was an employee of that supermarket who was having a bad day and being clumsy and dangerous?

What if you were self employed, drove for a living, and the cut was so bad in your foot that you were off for two weeks and lost two weeks pay?

Which is why I see nothing wrong in investigating an accident and taking action if need be.

In answer to your specific question then all I can say is if it was me then I wouldn't.


Would you sue the council if you stubbed your toe on the kerb?

No because I wouldn't win, I should look where I'm going. And nobody mentioned a kerb.
I'm not talking about blind, infirm and/or elderly. I'm talking about able bodied people.

Of course you are not because you ignored them which is why I pointed it out.



I'll explain it a bit better. If an accident has resulted in a financial loss for the victim then I have no problem with them seeking recompense.
If there was deliberate negligence which resulted in an accident then I have no problem with people claiming compensation.
If someone sets out to deliberately harm and/or deprive then quite clearly it's not an accident, and they would be well within their rights to seek recompense.

[color=#800080]Which is what I basically said in my first post to which you object.

So you would accept it as an accident. Now substitute the can of pop for a cup of coffee. Would you feel the same?

Depends if it was hot enough to burn me quite badly. I dare say I would still accept an apology.

If you trip on a raised slab and break your toe then why would you want an explanation? Why would you need an explanation? Why could you just not accept that you were clumsy and failed to watch where you were walking? Why does someone need to be held responsible for it? Why do you need to look to blame somebody else for it?

Because the paving slab shouldn't be raised in the first place. They are for walking on, not to avoid.

I would want an explanation to see if it was raised enough to satisfy a claim for injury.

And if it was raised enough for a successful claim then it would not be me being clumsy but, rather, the paving slab being in disrepair, for which the council, if we accept it is a council slab, are liable for injury.

And are you calling every blind person just clumsy in this circumstance too?

Year on year, I see an increase in every insurance premium I pay. Nothing ever decreases. The cost of this ambulance chasing culture is plain to see. Companies don't take a dent to the profits when they pay compensation. They just hike their prices and we all end up paying for it. Added to that the increasing fuel costs and think about it next time you're walking round ASDA and you remember the story of the bloke that tried to sue for slipping on a grape.

Then if people, councils, Asda etc just got their act together then there would be no blame.

Why should anyone have to suffer an injury, and lump it, just because you don't like paying for insurance or fuel?

...

[Hobbie]

Come on people, this isn't helping the OP what so ever.