I'm looking for advice concerning a claim....

[askyourgran]

Yesterday I slipped and fell heavily in Asda supermarket. mrask and a lady who said she witnessed my fall said that there was some apricot (or apricot coloured) peel which caused me to slip, by which time a man had walked out with it was stuck to his shoe. We were on our way out of the store when I fell. The store manager and a young first aid attendent came and asked a lot of questions took photos of the floor and the slip marks. I was in shock my immediate concern was for my replacement hip. I was told I should receive a courtesy call from Asda within a couple of days after they view the CCTV. I've wrenched my thumb and shoulder and ankle. It's painful now to open jars or grip things being right handed. My back and knees aches and I feel bruised where I fell on my hip and bottom, but no bruising yet. Thankfully nothing seems broken. I've been told that I should put in a claim, even if I don't proceed with anything. I feel awkward about making a fuss and claiming,but I'm told if something happens as a result of the fall later my claim would be justified. What do you think?

[Duncer]

If there truly was peel on the floor then they will be liable. Why should you suffer?

[tonyav]

Put in a claim AYG, sorry to hear of your unfortunate accident.

[AliceTickband]

I am no legal expert but if I were you I would state your side of things in writing to Asda's head office and say that you may pursue a claim in the future after you have taken legal advice. Then I would talk to CAB or trawl through their website and then make your decision.

[albaqwerty]

A visit to your GP first before seeing a lawyer/cab I think would be a good idea.

[Kiki-frog]

Ouch! AYG, you probably should get checked out by the doc before you do anything else, just to make sure you are OK. As for claiming, I guess it depends on how far you feel Asda was negligent. Only you can answer that one.

[factor-fiction]

Yes, see your doc as a medical report would be part of the claim.
However I'm not sure that there is a clear cut case here. I understand that negligence has to be proved. If the apricot had been lying there for quite some time and they had failed to pick it up then that seems like negligence. On the other hand, if another customer had dropped it seconds earlier then the store probably would not be expected to have seen this and cleared it up immediately.

[hc4361]

As factor30 says, it never is clear cut. We all have a responsibility and duty of care for ourselves and it is reasonable to expect people to look where they are going, so the question is - would an average person have seen and avoided the peel?

Put a claim in by all means but the fact of slipping on peel and injuring yourself does not automatically mean you will win.

[baza]

a visit to your GP first of all, then CAB then inform the shop that you might claim, if you do decide to claim any evidence that the store has collected will be available to your legal team.

[askyourgran]

Thanks for your replies, I feel a bit battered today, and I called to see the Doctor this morning. Everything feels strained, she moved my leg about and said to go back if I had any continuing pain after a week or so. The evidence of the peel was taken up by another customer who left the store with i stuck to his shoe, so I'm told. However there was a customer who kindly left her name and address who said she saw the peel and saw me slipping (both feet in the air) feel such a tit now. I feel awkward claiming. But I'm a bit incapacitated at the moment because of it I'm limping like an old woman and I can't grip anything with my hand, and I may have to cancel a visit to see my friend on the Coast next week.

[humbersloop]

ouch ((ayg)), that sounds nasty.

[Postdog]

I don't wish to rain on your prospects, but a few years ago I caught my foot in and tripped on a rubber mat that had been pushed up in my local Morrison's. I had witnesses, my knees were banged quite heavily, and some weeks after I began to have problems with one of them.

Prior to that, I had checked out with a couple of claim companies as to what my chances were if and when etc., and was actually advised very little, as all the supermarket had to do was periodically check the area for safety, which they would likely claim.

Funny thing is, after my accident, they soon got rid of the mats....

[askyourgran]

Thanks humber x

Postdog I haven't done anything about it yet, I realise that they can't be around all the time to clean the floors, as I've seen them with the buffing machines on previous visits. I was in a quandary about putting a claim in, the way I felt yesterday afternoon and today I felt a bit mad about it.

[cathfromsaron]

did you suffer a financial loss?

my gran was told that pain and suffering had to last longer than three months for her to claim (a while back) and she closed the case, BUT never fully recovered!

i would gather the usual evidence, of course, and then concentrate on getting better whilst the slow process goes on!

cath x

[askyourgran]

No cath - no financial loss, just stopping me from doing things I normally do, (apart from on here). I suppose only time will tell, the aches and pains in my back and legs are real today but next week hopefully I might be OK. I have no evidence to collect really, just got the witness who saw it all. Asda have their cctv and the photos they took of the skid marks on the floor.

[jedimistress]

You would have to ask yourslef if the mental and emotional stress of making a claim would be worth the end result.

[askyourgran]

Very true jedi.

[gina32]

phone a claims company such as "national accident helpline" and tell them exactly what happened they will then tell you if they think you have a case or not, hope you feel better soon

[ummmm]

And it can take a few years to come through.

[ronnietoon]

get a solicitor involved their head office is in Leeds,don't settle for vouchers etc.

[gina32]

mine took just over 6 months to come to conclusion