Tripped and fell in supermarket car park

[bolly1]

Hi

 

 

I tripped and fell in Sainsbury's under cover car park.

 

 

There was a pool of water on the floor and I fell flat on my face breaking my front tooth and nose.

No one from Sainsbury's came to my aid,

two passers by helped me to my car and I phoned my daughter who drove me to A and E.

 

I went to Sainsbury's the following day and spoke to the deputy manager, he filled in an accident form.

 

 

Went to the car park with me and took photos, examined my shoes

and told me he would look at the CCTV footage and call me up last week.

So far nothing!

I also showed him the A and E report.

 

My dental bill so far is £350 with another £600 to replace my partial denture.

 

 

Can anyone help me draft a letter as I wish to claim compensation?

Do you think I have a case?

 

I don't know what the CCTV will reveal because I was on the floor covered in blood for a while

and they never sent anyone to help me.

[Old Cogger]

pool of water in car park =must of been raining! blimey

[obiter dictum]

It will depend if the pool of water was excessive

 

Is this undercover car park open to the elements because at the moment i am looking at Force Majeure

[Surfer01]

As the car park is probably managed by a PPC like Parking Eye who like dishing out invoices disguised as tickets, claim compensation off Parking Eye. Now that would be very interesting in light of the Beavis case.

[Bazooka Boo]

TBH I don't rate your chances high at all.

 

If it had happened in store then a different kettle of fish all together, the store, even though on private land, can't be responsible for customers falling over, UNLESS, there is of course an obvious fault/crater/pot hole in the car parks surface where you fell?

 

I think you will be at the mercy of the store manager here, at best they may give you some shopping vouchers, at worst, nothing.

[obiter dictum]

Three elements to be proven

 

Did Sainsbury's owe you a duty of care

Did they breach that duty

Did you suffer loss

 

Point two will be the sticking point

[bolly1]

the manager said he was going to view the CCTV footage, I assumed it was run by Sainsbury's. It is a free car park under the store

[Bazooka Boo]

I think the car park area will be contracted out, like most, to a PPC.

 

Was the ground damaged at all?

[obiter dictum]

I beg to differ, the owners of the land (Sainsbury's) will be responsible for the actions of their contractors as their direct agents

 

I would think Vicarious Liability which is strict covers this as the tort took place during a period of employment, that is Sainsbury's and the car park contracted operator

 

It has not even been confirmed yet if Sainsbury's car park is managed by a third party operator. If the car park is free i very much doubt that

Edited November 10, 2015 by obiter dictum

[bolly1]

The walkway was very wet but I didn't see any damage. Obviously after the fall I was so injured I didn't take photos. Which was odd for an undercover car park, the wetness I mean

[obiter dictum]

Damage as such is not the issue

 

The issue being was the water in the covered car park excessive??

 

CCTV will cover that

 

You need to be requesting a copy immediately before it is wiped of the accident

 

I would be phoning Sainsbury's head office today and back up the request by email as a paper trail

[Ganymede]

We have limited details but there is certainly enough to say you will probably have a claim for personal injury from the supermarket.

 

Google a personal injury lawyer that offers a "no win no fee" deal and let them run the claim for you.

[GrumpyToSayTheLeast]

We have limited details but there is certainly enough to say you will probably have a claim for personal injury from the supermarket.

 

Google a personal injury lawyer that offers a "no win no fee" deal and let them run the claim for you.

 

So if I walk in a car park, trip over my own feet and break my teeth, I can sue the landowner?

 

The op has already said no damage or obstacle, and that it was just a puddle.

 

 

Accidents happen and if the car park does not have a fault,

and the op did just trip over their own feet,

then how can they claim?

On what grounds?

Because the supermarket failed to keep the car park dry?

Because the car park was not perfectly level?

[Old Cogger]

no wonder fraudulent claims push up fees - get a life

[Ganymede]

So if I walk in a car park, trip over my own feet and break my teeth, I can sue the landowner?

The op has already said no damage or obstacle, and that it was just a puddle. Accidents happen and if the car park does not have a fault, and the op did just trip over their own feet, then how can they claim? On what grounds? Because the supermarket failed to keep the car park dry? Because the car park was not perfectly level?

 

Did the OP not say she slipped in a puddle?

 

Where are you getting that the OP tripped over their own feet? Unless I missed something of course.

 

no wonder fraudulent claims push up fees - get a life

 

What is fraudulent about what the OP has said?

 

Try being less ignorant next time.

[obiter dictum]

no wonder fraudulent claims push up fees - get a life

 

And what possible reason can you comprehend that this is in anyway a Fraudulent claim??

 

The OP asked for advice, not to be called a criminal

[Consumer dude]

At the moment, I am trying to understand how one can trip over a puddle, but I may have missed something..

[Old Cogger]

What is fraudulent about what the OP has said?

 

Try being less ignorant next time.

 

what

[obiter dictum]

At the moment, I am trying to understand how one can trip over a puddle, but I may have missed something..

 

How about oil or diesel mixed in with the rain water??

 

After all it is a supermarket car park

 

Being an ex-motorcyclist a deadly combination for grip

[bolly1]

Well thank you for your concern. Talk about jumping to conclusions, which is not helpful.

 

 

I didn't trip over my own feet,

the path where you are supposed to walk is a different surface to where you park your car.

 

 

The floor was wet and slippy, with a pool of water on it.

No warning signs.

 

 

The manager checked my footwear when I returned to the store to fill out the accident form

and ensured there was no trip hazard or loss of traction.

 

I certainly do not make a habit of making fictitious claims but I feel the supermarket was negligent

and as I have over a thousand pounds out of pocket expenses,

I will make a claim, if I feel fit.

[Consumer dude]

The walkway was very wet but I didn't see any damage. Obviously after the fall I was so injured I didn't take photos. Which was odd for an undercover car park, the wetness I mean

 

Ok, This is the question. What caused you to trip ?

[obiter dictum]

How about oil or diesel sitting on top of the rain water??

 

After all it is a supermarket car park

 

Being an ex-motorcyclist a deadly combination for grip

[bolly1]

I find your remarks quite offensive

I have never attempted to make a fraudulent claim in my life.

 

 

I ignored your first comment about the rain as I thought your attempt at humour was misplaced,

even with the poor spelling.

 

 

I think you need to think about what you are saying before you jump to conclusions.

This is no joke,

 

 

I have been asked to decide if I will have surgery.

This is after two major surgeries this year.

 

I think if you are just here to vent your spleen and not offer constructive advice

you are part of a problem not a solution -therefore you appear to be the one who needs to get a life

 

It was the wet ground, it made the surface slippy and slick and I tried to save myself from falling. My shoes had traction on the soles but I still tripped.

 

 

I don't welcome offensive comments about fraudulent claims. This is the first time I will have made any claim about anything.

[BankFodder]

no wonder fraudulent claims push up fees - get a life

 

What is fraudulent about what the OP has said?

 

Try being less ignorant next time.

 

Both of these remarks are extremely unhelpful

 

Ok, This is the question. What caused you to trip ?

 

And of course this is the obvious question which no one else bothered to ask.

[bolly1]

I thank the genuine people who are trying to help me and giving their advice.

 

 

I don't want to claim for pain and suffering or loss of earnings

 

 

but I just want to know what are my chances of recouping what I would have to pay the dentist,

 

 

as well as what I have already paid.