Advice re. fall in Sainbury's sought

Best wishes for a speedy recovery to your Nan. My mother broke her hip at 82 and made a full recovery in not much time at all. Keep her spirits up. I don't know about the legal side, but Sainsburys are vulnerable to bad publicity at the moment and I'm sure they will not want you to go to your local and national newspapers about it.

The concept of clear passageways in shops, factories and supermarkets seems unique to Britain.

After a lifetime of being child-proofed in Britain it took me upwards of five years to learn to look down in order to avoid the debris strewn from one end of Denmark's retail establishments to the other.

I vaguely remember being told (years ago) that in Britain display stands, pallets and packaging must be at least a metre high (by law)to avoid customers, workers and staff from tripping over things. But I may be completely mistaken after all this time.

Wishing Nan a speedy recovery and more than adequate compensation for her suffering. Not to metion a hefty fine for the lazy arses involved.

Does anyone still remember when Sainsburys had a hint of class? MP would probably feel quite at home there.

Regards
Nime

quote:

Any recommendations as to how we go about this?

Put it down to experience! Accidents DO happen!

Tim, I would suggest you get some expert advise asap, your nan is at an age where there could be major complications from the fall.
Sainsburys are doing the things any major supermarket chain would do but if what you have said is correct it would appear that they could have a case to answer. You should have a clear statement made by your nan while it is clear in her mind and try to see if there were any other witnesses to the incident.
There are legal firms that specialise in this type of litagation and most claims are settled out of court, especially when the chain knows it has a weak case. Sainsburys will have a department with specialists who will of course have all information from the supermarket by now. It will include statements from the staff and sometimes from customers, and of course anything relevant that your nan may have said.
In the end you have to make the decision but if you clearly feel you have a case it would be helpful if you take at least the first steps in a timely manner.
Hope Nan recovers and is soon back to form, Ian.

Tim,
First of all let me say that I hope your Nan has a very speedy recovery,
A stupid Question I know,but did your Mum think to get the names of any other shoppers that must have been around at the time of the fall, who would/could have been a witness to the accident,or also witnessed Sainburys staff cleaning up or clearing away the obstuction. If not did she recognise any one [ it's strange how peoples habits control them, so most people shop in the same Super market on the same day at aprox the same time, it might be worth you either placing a ad in your local news paper asking for witnesses or to actually go to the shop your self, and ask the people shopping there at the same time of the accident next week
Best of Luck!!
oldie.

Would the fall be on the instore CCTV?

quote:

Originally posted by Ade Archer:

quote:

Any recommendations as to how we go about this?

Put it down to experience! Accidents DO happen!

Ade,
This was not a accident, this was negligence, all spillages should be cleared up immediatly, most large stores employ staff whose function is to make sure all passageways are clear of spillages and obstructions if the spillage couldn't be cleared up immediatly there should have been a member of the staff posted there just to make sure this kind of thing did not happen.These companys take far to many calculated risks with other peoples lives/ health.

oldie.

T'was an accident due to negligence and legal advice and (action) must be sought asap, Basta.

Fritz Von If in doubt always ring the cops (etc) from within the establishment, I wish her a full recovery naturally, and don't put up with any bullshit, it's not personal, it's legal

Wearing my ethical hat can I suggest the first thing you should do is ask your Grandmother if she wants to take this further? It was her fall and it is her choice.

Explain it will need the involvement of a solicitor and probably an independent medical examination at a later date. She may win some financial compensation but it is unlikely to be a large sum. It will take months to be sorted. She may prefer the fruit to the hassle.

Just being a touch disengenious. Just because an accident occurrs does not always mean someone is at fault. Just because someone is at fault does not always mean they should pay. The only true winners in compensation claims are really solicitors. Glib, but true. An apology has been received, and an internal review by the store will do something to protect others in future. Will she gain so much more with a claim?

Bruce

Sorry, but I totally disagree with your analysis, and I think its probably based on the fact that the lady is old, if she were younger this point wouldn't even be raised. Culpability it seems to me must be pushed, and the good old never mind Grannie, let's avois undo stress argument just does not wash (Which I'm sure you don't mean). It's not a case of scewin Bries for all they have, it's a case of protecting their reputation, making Grannie feel better, paying the medical costs (Private & fast) and pushing their bloody insurance company to the limit, as well as making sure other large supermarkets are watching and learning, and basically not making the same mistakes of leaving bannana skins on the runway (quickly removed we learn ????).

Fritz Von The Customer is ALWAYS RIGHT²

quote:

Ade,
This was not a accident, this was negligence,

Obviously I was not there to witness this incident, but this packaging did not jump out of nowhere, or fall unexpectedly from a display, it appears it was a clearly visible static object. My parents used to say to me if I tripped over something 'Look where you're going!', not 'We'll go and seek advice from a solicitor about that'.

Sainsbury's, and any other organisation clearly have to deny liability from the outset or they end up with every Tom, Dick and Harry falling over any object in the store in order to make a claim.

My sympathies are with Tim's nan for her injuries and I hope she makes a speedy recovery.

Agree with Fritz, too many have said she'll be right mate.
And regretted it in later years when they are limping around on one leg. If you feel you have a good solid case don't be afraid to get immediate advice.
I get cranky at the public however who for the best part when they see an accident situation walk around it and don't report it. I can assure you that reputable supermarkets have very well trained staff and accident committees that meet regularly and no accident to staff or customers is put in the too hard basket.

Tim

Probably the best guide to UK law firms online is the Legal 500 (www.legal.500.com). Entries are definately not paid for.

Go here: http://www.legal500.com/l500/frames/reco_fr.htm, click on Wales on the map and then scroll down to Insurance/Personal Injury : Claimant. The list starts with the highest rated at the top and works down from there. In practice any firm in the four bands should do the trick, and none will be sharks.

Good luck and best wishes to your nan. I would however endorse what Bruce says: "She may win some financial compensation but it is unlikely to be a large sum. It will take months to be sorted. She may prefer the fruit to the hassle."

FWIW

Tim

Thanks, everyone.

Have contacted Geldards in Cardiff. They have a department that deals in this. And of course, it's up to nan to decide how she proceeds with it.

Apparently they have to review the evidence, and then persuade an insurance company to take out a policy against losing (which we pay for), so all costs can be paid. Blimey. Scary.

Sorry team

If you think suing Sainsburies will mean better treatment, forget it. By the time any payment is made it will be many months/years on and too late to change her medical care (even if you agree that Private care would be better in this case which is highly debatable).

I'm pointing out two things. One, the decision to take action should be hers, not Tim's. In what capacity does he act? Does he have Power Of Attorney?

Two, my experience is that many people, young and old, find the adverserial process of such actions unpleasant and unstatisfying. I'm not patronising 'granny', indeed I think it is potentially patronising for Tim to take all these steps without her apparent input. I think she should be well informed and her own decisions respected.

Bruce

Many a good point made allround, and reading between the lines 'Sainsbury's' as reputable a firm that it is ( I was strangely enough drinking with an old manager of the Woodford/London Branch last night HONNIST GUV), I feel that this is seemingly an obvious genuine case, and they will be happy to no doubt come to some kind of 'Out Of Court Agreemnet' using a solicitor naturally, local press to-boot, to advertise how our Wonderful Sainsbury's looks after even its oldest customer in every crisis.

Fritz Von Though don't tell Mick they employ mega amounts of asylum seekers etc to stack their shelves for peanuts though, especially just before an erection, just wouldnee be cricket would it ?

You are perfectly entitled to sue them for breaking HSSE rules.

Yes, but this is the REAL WORLD old chum, and my earlier scenario would seem possible ?

An area of risk "ie. one with a spillage" should have been clearly designated by "Wet Floor" signage thus putting the onus on the shopper.

If they were not present, then the onus is on the store.

Case to answer - end of story,

I am sure that a lawyer can legally demand a copy of the CCTV tape to examine the events at the time.

Good luck - elderley falls can often be more than "just an injury"........

As a (retired) City solicitor (who never dealt wth personal injury cases), I'd have to say that your grandma has a clear cut case. As far as I recall, Geldards were reckoned to be competent in this area.

G

Sorry ambulance chasing or what, if someone fell over something thats their fault, only my veiw. What next paper cut from the receipt.
Martin

Now you've made me cross!

Point 1. The elderly were brought up in a different environment to our own. One simply didn't complain. Because it usually got one nowhere anyway.

Point 2. Anyone who thinks an 88 year old doesn't need some help in negotiating a potentially dangerous store without coming to harm is either immature or callous in the extreme.

Point 3. Ambulance chasing is not how one would describe a situation where an elderly person suffered a potentially lethal accident. How many times have we read of the elderly ending up with pneumonia following such a serious fall?

Point 4. An elderly person suffering a serious fall in a supposedly safe environment will lose a lot of confidence in their ability to cope with everyday tasks like shopping. The long term psychological damage may exceed the physical suffering.

I would suggest that the thick-skinned examine how they themselves would cope in the place of this old lady. If you went arse-over-tit on a wet patch in Sainsburys you'd be bloody livid and looking for compensation. Take my word for it. Sainsbury has a duty to keep its customers safe. It seems that profits were more important than safety in this case. Or inadequate management.
I'd suggest contacting the local paper. A private case will be quickly swept out of sight. It's how "iffy" firms continue in their bad behaviour until the shit finally hits the fan and a disaster occurs. Then everybody asks how it ever got like that.

Nime

All true in a way. I'm not saying just forget about it. But what do you actually acheive extra by suing? Make a written complaint, ask for a copy of the internal review and the action to protect others in future. Ask for an apology. All these things make it less likely that it will happen again.

Using a solicitor just makes it adversarial. It actually reduces the funds available to Sainsburies for remedial action in a way. The money may be 'nice' if she wins (and of course I've no idea of her finacial status) but it does not undo the injury, and by the time it is settled is highly unlikely to have any effect on her care. The major profits will be made by the legal team and the insurance companies.

I seem to be on a limb here, think I'll leave this thread before I upset somebody.

Bruce

quote:

I'd suggest contacting the local paper

I can just see the front page headline now

"Lady Falls Over Cardboard In Supermarket"

I can see both sides. It isn't good to go the way of the USA when every business is scared to operate, but let's remember Tim's understandable anger with this and excercise a little sensitivity. Eh?