How responsible are employers for staff car parks?...

[Jenarry]

Two weeks ago my mum was walking across her works car park after her shift when she was actually run over by a work colleague. she was left badly bruised(she still has the bruising over a large part of one leg two weeks later) and badly shaken up. due to stretched finances she still went to work the next day but had to go home before lunchtime when she realised she wasn't in a fit state for work and also took the next day off so she has lost a day and a halfs pay.
her employers have been very unsympathetic and very unhelpful (which has made the whole incident all the more upsetting)and have just told her that cannot take any action until they hear the driver's side of the story who has been off work since this happened and that she will need to claim her loss of earnings from his insurance. also when my mum asked for any cctv footage of the incident she was given a short sharp "we haven't got it".
my mum has witnesses to what happened -the driver drove straight into her.she hasn't seen her gp but she did go to the hospital and has photo's of her injury. what is the best action for her to take and should her employers be doing more to help her?

[milliezoe]

Go to a soliciter and let them deal with it once the employer realise that action will be taken they will probably give her compensation they have a duty of care regardless of where it happened the car park is their responsibility as they provide it for the workforce the no win no fee lawyers would be on to them in a flash and her job would not be in danger

[ummmm]

The car park might be their responsibility but I can't see how they can be held responsible for how someone drives their own car.

[buildersmate]

Quite so, ummm. It's staggering not only what some people believe but are prepared to suggest to others what to do.

[ummmm]

They should probably be a bit more understanding though.

[buildersmate]

Touche!
I'm just getting a bit fed up with some of the ridiculous 'advice' being given on here.

[ummmm]

From the description you can't even be sure it's the drivers fault.

[Jenarry]

i wasn't sure whether the car park was an extension of the workplace and whether the employers are liable for the health and safety in this area. i do think my mother's employers could have done more though. even a little concern would have gone a long way.

[milliezoe]

If the employer has installed CCTV then it is their responsibility

[Jenarry]

it's pretty clear it was the driver's fault. my mum has a handful of witnesses who saw him drive straight at her and her colleague who managed to jump out of the way.
they all saw that his car windscreen hadn't been cleared properly before he set off to leave the car park and it was still full of condensation unfortunately affecting his vision.

[redcrx]

has your mum spoken the the other persons insurers? Were the police called, as she was injured?

[annie0000]

I guess here it is whether the car park is deemed as private land or part of the road - for instance would the police be interested in someone driving recklessly in a public place? I agree that it is the driver who seems to be at fault here, if the car park is owned by the company, do they have a maximimum speed sign and ensure that it is obeyed? If this had happened on the road, surely you would have gone to the police, so maybe that is the solution here.

[dzug]

<If the employer has installed CCTV then it is their responsibility>

Exactly what is their responsibilty?

Health and Safety is about reasonable precautions, not an absolute

The only way I can see the employer being 'responsible' is if the driver was driving on company business rather than heading for the shops or home.

In any event they are not going to get involved until they have both sides of the story - in fact it would be irresponsible of them to do so.

[ummmm]

If the employer has installed CCTV then it is their responsibility....

Rubbish....

[pink-kittens]

........... but it is an eye opener as to just what people do believe

It's called urban myth or ***, depending on your class =D

[Gmcd01]

You'll probably find that the terms and conditions for use of the car park exclude liability for injury, unless by virtue of negligence on the part of the employers. That's a legal provision; one cannot contract out of liability for death of a person, or property damage by negligence under the Unfair Contract Terms Act.
I'm sorry to hear of the injury, but from a purely legal view, there really isn't any liability on the employer's part here. The liability (should there be any) is potentially with the driver of the vehicle, but suing him/her could lead to a very strained working environment!
I like the idea of the term 'reckless' being used by some on this thread too- how on Earth can you possibly know that?? That kind of thing is for a lawyer to argue if you pursue it. Also, I'm with Ummm and Buildersmate on this one- and I'd be wary of taking my advice from someone who can't even use a full stop or spell...

[society]

I do hope you mum have taken photos of the bruised areas for later on if there should be an investigation.

[annie0000]

gmcd01 - I didn't say he/she was driving reklessly, I posed the question of whether the police would be interested. I have to say that if someone ran me over, I would have contacted the police int he first instance and had I been the driver, i would do the same.

[factor-fiction]

If the car park belongs to the employer the employer must record this accident in the accident book and, where applicable, treat it as a RIDDOR reportable accident.

Has the accident been reported to the police? If the driving was considered dangerous it could be reported.

[modeller]

If I have a cctv outside my house does that make me responsible for everything it records, in my drive, in my neighbours , in the road, and how about that helicopter is that my responsibility too ? What rubbish !