ChatterBank0 min ago
Expected compensation
A friend of mine was in a large supermarket and went to the loo.
When he stepped into toilet the floor was soaking.He slipped and although he stopped himself from going to the floor he did push a finger out of joint on
hitting the wall and he twisted his back somewhat.He told customer services
and they went to the loo and saw there was no wet floor sign and they remarked
that"the floor was swilling in water"He gave them details and to date he has had one phone call saying sorry and they admitted on phone that the floor was wet.
Its been 6 weeks now and i would have thought he would have received some
sort of compensation.My friend is the old school type and although i told him to go to the doctor he soldiered on and did not go near his doc.Should he expect something?.
When he stepped into toilet the floor was soaking.He slipped and although he stopped himself from going to the floor he did push a finger out of joint on
hitting the wall and he twisted his back somewhat.He told customer services
and they went to the loo and saw there was no wet floor sign and they remarked
that"the floor was swilling in water"He gave them details and to date he has had one phone call saying sorry and they admitted on phone that the floor was wet.
Its been 6 weeks now and i would have thought he would have received some
sort of compensation.My friend is the old school type and although i told him to go to the doctor he soldiered on and did not go near his doc.Should he expect something?.
Answers
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There has to have been negligence for the to be liable. Provided they has a system of periodic checks in place (say at 30 minute intervals) and the checks had not revealed any problems then they would be unlikely to be adjudged negligent. Of course if they admit to knowing about the spillage and did nothing they'd be liable
I used to work in liability claims, and in order for compensation to be forthcoming, your friend has to put in a formal claim to the supermarket. Did the accident get entered in the store's accident book? This would normally be the first step, as it'e evidence that the accident happened. Fid he get the names of the people on customer service who he reported it to?
What he needs to do is to write a letter, stating exactly what happened, date and time, and referring also to the phone call. The store then have to refer the matter to their public liability insurance company to investigate.
It would have helped if he'd gone to the GP, then the GP could provide a medical report - the insurance company may ask for one but he can cross that bridge when he comes to it.
Tell him he needs to write to the store now, and make sure that he says in the letter that he wants to claim damages for the injuries caused as a result of the store's negligence, and requesting that they pass the letter to their insurance company for further action.
I'm surprised the store rang and apologised that the floor was wet - that really won't be looked on well by the insurance company as it's an admission of liability. I can't promise he'll get compensation (I agree with factor's comments) but it's worth a try.
What he needs to do is to write a letter, stating exactly what happened, date and time, and referring also to the phone call. The store then have to refer the matter to their public liability insurance company to investigate.
It would have helped if he'd gone to the GP, then the GP could provide a medical report - the insurance company may ask for one but he can cross that bridge when he comes to it.
Tell him he needs to write to the store now, and make sure that he says in the letter that he wants to claim damages for the injuries caused as a result of the store's negligence, and requesting that they pass the letter to their insurance company for further action.
I'm surprised the store rang and apologised that the floor was wet - that really won't be looked on well by the insurance company as it's an admission of liability. I can't promise he'll get compensation (I agree with factor's comments) but it's worth a try.
Thank you for your input.In answer the slip was entered in the accident book and someone from customer service went to look at toilet and remarked on wetness.The toilets had just been cleaned but they hadn't been dried properly.Also when the manager rang to apologise for the wet floor he said the staff would undergo extra training,but yes he and customer services stated the toilet floor was soaking.My friends finger swelled up instantly and he showed it to customer services who also noted that.I did tell him to go to doc as I said but he even mended his dislocated finger.He is not one to make claims but I feel that if the public are allowed into premises then they should be safe.I shudder to think if a child ran into these toilets it would have went sliding and no doubt banged its head.
A few days ago we were out and about and stopped off and picked up a take-away roast dinner, as it was being handed down from quite a high service hatch, the cardboard tray collapsed showering my good lady (Carakeel) in very hot grave all over her chest area, it was dealt with efficiently by the staff, they applied a burns pack and apologised profusely, they then filled out an accident form and we had our roast dinners free.
No lasting damage and we had our compensation by means of our meals free (about £13 worth) We were happy.
I hatched a plan for another free meal but Carakeel was not prepared to get burned again this week.
No lasting damage and we had our compensation by means of our meals free (about £13 worth) We were happy.
I hatched a plan for another free meal but Carakeel was not prepared to get burned again this week.
I think you are partially right factor 30. There is no liability in tort for negligence unless the act or omission, in this case drying the floor, that causes damage is a breech of a duty of care owed to the claimant. Inform your friend that his action may stop another person being injured and to make a claim against the supermarket.
He should not expect a cheque in the post, it is not as easy as some people imagine he will probably end up dealing with an Insurance company and will need to be persistent.
He should not expect a cheque in the post, it is not as easy as some people imagine he will probably end up dealing with an Insurance company and will need to be persistent.
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