accident

[sammmo]

My sister took my elderly mother to a top retail store to do her shopping, she parked in the disability parking places the closes space to the store and whilst my sister was putting the invalid sign in the window.. my mother got out of her side and walked over to get a trolley.. as she was walking across and generally looking out for cars etc she did'nt notice the sleeping policeman on the road and she trippid up. she very badly broke her right wrist andcut her face when her glasses broke as her face hit the ground.. the stores first aider was called and she was taken off to hospital.. I went to the store to look at the sleeping policeman and I could hardly make it out as there was no markings on it and it had blended in with the colour etc of the road itself.. I would have thought it should be marked not only for pedestrians but for motorists to..The store has made no contact with my mother who is still in hospital.. they can't operate on her wrist because of her general health and say she will have some use in it in the future but it will be limited...I am usually against claiming for stuff but do you think I should put in a claim on my mothers behalf?

[boxtops]

First question, did your mother/the first aider make an entry in the accident book at the store, or some other record of the accident? This might be critical if you are going to put in a claim as it will be evidence that it really happened (not that I doubt you, but liability insurance looks at it from many angles). Take a photo of the sleeping policeman now, before they have a chance to improve on its visibility (it can be said that if improvements were made after an accident, then that can be taken into account when considering a claim, as the location wasn't safe in the first place). The store probably won't get in touch, in insurance law it can be considered an admission of liability if they express any regret about the accident (or it was in my day). If the store can be proved negligent then yes you should claim - and there are plenty of no win, no fee, claims companies out there eager for your business. You could of course write to the store manager direct yourself without any intermediary, saying that your mother wishes to claim and asking him to pass it to his insurance company - it's hard work pursuing a claim on your own though, but it can be done. I'll be interested to hear what other ABers might say on this one - it's been some years since I worked in an insurance claims department!

[boxtops]

PS ^ I forgot to say, really sorry to hear about your mum's accident - it must have really shocked her, please send her best wishes for a speedy recovery, at least to be well enough to come out of hospital soon. I hope she had some spare specs, I know what it's like to be without them, no joke.

[sammmo]

thanks for that boxtops.. yes the store first aider did log it down..also the ambulance was called so they would have a record of it..I think i will get in touch with one of these no win no fee companies and see what they say..and i will take a photograph of the hump..

[another-view]

Great isn't it? Someone falls over then blames someone else! We are getting more like the Yanks every day,.

[sammmo]

yes anotherview i am not the type of person who would normally do this but as i said her wrist is very bad.. she will more than likely have to go to respite until she able to look after herself and the hump is'nt that noticeable until you actually walk on it.. if it was clearly marked i'd be the first to say it was her own fault..

[squarebear]

While I am sorry to hear of her accident, it was just that - an accident.
She should have been watching where she was going.
To try and gain money from someone when it was clearly her fault, is a bit low to be honest.

[ojread2]

I don't wish to sound mean, but your mother was driving and yet she could not see the sleeping policeman when walking across it?

I fail to see how or why you feel the store is liable - maybe you could enlighten me please? Curious really

wishing yr mother a speedy recovery

[squarebear]

I think the sister was driving the mother, then mother got out without waiting for help and fell. Sounds like the mother should have stayed in the car if she is unable to walk to a trolley without falling over.

[ojread2]

Thanks squarebear; im easily confused and agree that an elderly lady who is unstable and cant see very well should perhaps have had help to get a trolley/walk across a car park/road etc

[joko]

im afraid i have to agree...the fact that your mother is very old, wears glasses and has an invalid badge implies that she should not be walking off across the road without assistance or taking extra care herself.
i agree that the SP should have markings though...mainly for cars as they can damage underside of cars - they have probably just worn off.
however, i would imagine there was a designated crossing there? a black and white area to cross or an area made clear its for pedestrians to cross? - i would check this first as they will just say she should have used the crossing
kerbs arent painted with markings either.

[Mctavish]

I cannot believe some of the answers on here. I am old. I wear glasses. I have a disabled blue badge and I drive. I don't have a problem walking across to get a trolley from my car and if the SP was not very well marked then it is reasonable that it would be easy to trip over. I certainly think that this lady ought to be given some compensation after her accident.
My best wishes to her and hope she makes a good recopvery.

[sammmo]

My mother was being driven by my sister and whilst my sister was puttin the invalid badge in her window my mother got out of the car..the car was parked as close as you can get to the store and only about 10 yards from the trolleys which were directly in front of her so my mother who is classified as an invalid due to breathing problems and is 86 but can walk short distances without getting out of breath.. went to get the trolley then tripped on the SP ..I went there afterwards and could'nt actually see the SP because it actually blends in with the tarmac, having no markings etc on it .. my mother has been told they won't operate on her wrist because of her breathing probs and the wrist will never be the same again.. she also had to get new glasses £140 and will be in plaster for about 6 weeks.. also the closest hospital they could take her to is 20 miles away so she does'nt get many visitors so she's a bit down.. so I will be taking this further and will be taking pictures this afternoon before they paint the thing..

[Androcles]

I am against people claiming for accidents for which it is their own fault. But it seems to me in this case that had the store left the floor flat and the lady fell over, then that would be down to her. But the store chose to alter the topography and install a sleeping policeman. In these circumstances if you install a trip hazard, you have a liability to ensure it is clearly marked as such. If you did mark it, you clearly recognise that it is a hazard. If that marking then wears off, you are definitely liable for failing to maintain the markings, so she should be able to claim.

[sara3]

I once drove too fast over a speed bump (in a road full of them) where the markings had worn off. I just didn't see it, and damaged the front of my car (it's quite low). I complained to the council, who said "you should have been watching the road" and whilst I took their point, there comes a time that you actually have to look ahead!

I think it's the store's responsibility to highlight an "obstruction".

[BeaverDiva]

Seek legal advice from a local Solicitor. If you came to me, i would take the case on for your mother. Go for it. She has been injured through the negligence and breach of statutory duty of the Store. They created a hazard and failed to warn of its existence - it was foreseeable that a customer could fall over the same and they should have guarded against that by highlighting the existence of the sleeping policeman (a mere coat of paint would have sufficed). Your mother deserves compensation for the injuries she has suffered.

As far as the comments about becoming more like the Yanks every day etc are concerned - i'm sure that if you were injured because of someone else you'd be wanting compensation too. Compensation is designed to put the Claimant back in the position they would have been but for the accident - its called justice and its fair.