Tripped and fell in supermarket car park

[Conniff]

Couldn't this be classed as an act of god or something similar. If was or had been raining then one would expect water to have run off cars.

[Consumer dude]

I was only trying to understand the situation so I could be better informed..

[Old Cogger]

That is the answer or similar I had from victim support after being hit over the head with an iron bar & robbed of days takings a few years ago = actual comment also was = what do you expect me to do quote:-

[Consumer dude]

Couldn't this be classed as an act of god or something similar. If was or had been raining then one would expect water to have run off cars.

 

Please don't bring god into it, I beg you. Lol..

[BankFodder]

I was only trying to understand the situation so I could be better informed..

 

I quite agree

[obiter dictum]

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

 

I made the connection in my first post, the possibility of excessive water

 

The simple fact is that Sainsburys owe you a duty of care like any other retailer and were they negligent in causing you a physical injury?

 

That negligence will be on how bad the flooring was at the time of the accident and external factors such as excess water, oil, diesel etc. The CCTV images will answer that question

 

Sainsburys has been negligent in not coming out and seeing that the OP welfare as the car park would have been covered under CCTV and the fall witnessed and recorded.

 

What you need to do is contact Sainsburys head office and seek their response first along with asking for a copy of the CCTV witnessing the fall.

 

They should have done a root cause analysis of the accident

 

If they start to stall contact your local solicitor for a no win no fee claims assessment

[bolly1]

I should say that the accident happened early in the morning.

 

The car park was virtually empty.

 

I wasn't walking through cars that had come in from the rain.

 

In fact it wasn't raining that particular day, although it was the day before.

 

I wasn't planning to go to an injury lawyer.

 

They make my blood boil with their

"have you fell off the end of your pencil?" spiel.

 

I was planning to write to the store but just wanted advice as to how I should do it

and what you thought my chances of success were.

[Bazooka Boo]

My mother had a similar fall and broke her shoulder, a NWNF firm (Irwin Mitchell) picked it up and at first said that they had had a lot of reports and claims from this particular place, and that her chances of winning were very good.

 

They did all the leg work only to come back to her a few weeks later to tell her that there was no chance of winning.

 

As I said to my Mum, this is what you get with these NWNF outfits, they will tell you what you want to hear in order to try and get your money, but when they look into it and find out just how much work, or rather compensation is on offer, they will tell you it is fruitless, simply because there isn't enough profit in it for them.

 

I don't know what to suggest, as it could be deemed either or really.

If there was something obvious that made you fall, that they should have reasonably expected to cause an injury or fall to someone, then yes go ahead, but as their isn't, from what you say, then I really don't fancy your chances, have you thought about writing to the store manager to inform him of what you're now going to have to go through, and that this is your favourite store to shop at etc etc ??

[Consumer dude]

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.

 

I am sad for your experience that resulted in your fall. There was water, but what do you believe caused you to trip ?

[bolly1]

Yes I was planning to write direct to them, particularly as he said he would look at the CCTV footage and let me know the outcome. Should I write to my local store or to the Head Office?

 

the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Sorry to here about your mother a broken shoulder is no joke either.

[obiter dictum]

I myself would go to the local solicitor in the high street for the personal touch on a no fee no win agreement. Ignore these ambulance chaser claims management companies like the plague

 

Any correspondance needs to go to Sainsburys head office, not the local store

[GrumpyToSayTheLeast]

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.

 

Uh....the first line?!?

 

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.

[Bazooka Boo]

I would write to the store manager directly first, see what they say, like I say at best I think you would stand to gain some vouchers for in store.

 

But if you're not happy with his response then you can ramp it up to the area manager.

[Consumer dude]

the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Please understand I am trying to be helpful. Does water on its own cause a slip or perhaps (and I am only asking) could there have been another substance that caused you to slip. The point being here is, could water on it own have caused the accident..

[obiter dictum]

My concern is that Sainsburys did nothing

 

This person could have been seriously injured

 

Flip the coin and say a customer had a heart attack and required one of those defibrillators that are now in major stores and shoping centres.

 

There is a definitive link that Sainsburys has been negligent in not providing a mininum level in a duty of care to customers not in their employ

[bolly1]

the walkway is painted in the stuff that yellow lines are painted in.

 

 

It becomes slick when water is on it, particularly as on this day, there was water pooled on it.

 

 

The car parking spaces are in the kind of material you see in kids' playgrounds so don't seem to be slippery.

 

 

If that makes sense. I slipped/tripped from the walkway onto the empty car parking space.

[obiter dictum]

Bolly 1

 

You do not have to justify yourself or actions to anyone, you are the injured party in all of this and shame on people putting you through the third degree for sustaining an injury and asking a question for help

[Ganymede]

Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

Uh....the first line?!?

 

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.

 

You mean the post that says she tripped due to water on the floor that was slippery?

[obiter dictum]

Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

 

A++++

[obiter dictum]

Section 3(1) Occupiers’ Liability Act 1957 duty of care cannot be restricted by contract on third parties by the occupier of those premises.

[king12345]

I would request the cctv footage as a matter of urgency before it's deleted.

You can do this with a sar and enclosing a £10 cheque.

Then you can write to the store manager and possibly escalate all the way to head office.

If you don't get a positive outcome then you could see a no win no fee solicitor and take their advice.

But atm the pool of water is only witnessed by you.

Did the store manager record the pool in the irf?

Did he give you a copy or a ref number?

[GrumpyToSayTheLeast]

You mean the post that says she tripped due to water on the floor that was slippery?

 

Sorry, it says that where? She only said slipped in a later comment when words were put into her mouth to that effect.

[BazzaS]

Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

I agree.

 

The Occupiers Liability Act 1957 applies (since you were a visitor rather than a trespasser), rather than the later 1984 Act.

 

"An Act to amend the law of England and Wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there,"

 

So, was the injury due to "the state of the property" or to "things done or omitted to be done there"?

 

If the Occupier should have reduced the risk of the OP slipping due to water, or should have warned of the risk and didn't : they may be liable.

 

I'm not a fan of the "sue 'em all" highly litiginous culture where people sue on spurious grounds : but if the supermarket didn't safeguard its visitors : why else is the OLA 1957 on the statute books?

 

As for "Act of God" : rainfall is an act of God. Failure to deal with the effects of rainfall or of the leak that caused a puddle : act (or inaction!) of man.

 

For the nay-Sayers : what if it was you that had fallen and suffered injury?

[obiter dictum]

A++++ Above

[havinastella]

Have you been back to the same spot to see if its still wet? Maybe a good idea to find out where the water came from.