Mothers injury in shop how to proceed with injury claim

[Bibble69]

Hi, need some help and advice.

My mum went on a seaside day trip yesterday, on an organised clach from the retirement village she lives in. About half an hour before the coach was due to leave, she was in large chain clothing shop and whilst picking an item to buy was hit on the shoulder and head by an advertising board that fell from the ceiling. This shook mum up and left her in a bit of a shock which I think left her not thinking straight.

A sales assistant came over and asked if mumwas OK, to which she replied I think so but it hit me on the shoulder and head. The assitant cĺear the mess up and took mum ovr to the till and pay for the item she wanted. Mum then left the shop. At no point did the sales assistant call for the duty manager, or take any details from mum about what happened or name, address etc.

Mum went back to the bus, and they all left for home. It was only when they got back to the retirement village that mum told the trip organiser and duty nurse about what had happened, at which point they checked her over, and gave the all clear with the proviso to call NHS direct if she felt bad during tne night. Mum had some strange dreams during the night which I think are a result of the bang on the head.

I've told her this morning to get and see her doctor about it to get checked out, plus she has a MRI scan on saturday relating to a long standing neck/back/shoulder issue, which I think may not proceed due to the head injury.

Mum is 79, nearly 80,so is of the generation that doesn't want to make a fuss. She had a friend from the retirement village with her who saw everything.

I'm not sure how to take things further with the clothing chain as they have no record of mum's accident yesterday, and would like some advice as to how to proceed.

[RiftGibbon]

I would think that store CCTV would have picked up the accident.
However, legally, as it wasn't reported at the time, it might be a little more difficult to pursue. But this is speculation on my part.
I think you need to consider what you want to achieve. The store obviously have a health & safety issue here. Someone has been injured. This shouldn't happen again.
I hope your mum is feeling better today and that she hasn't sustained any ill-effects.
The best way forward I can see is for you to amass facts; photograph any obvious bruising, gather facts, and decide what outcome you are aiming for.
Hopefully someone more knowledgeable will be along to offer some more practical advice.

[Bunnybigears]

What do you want to make a claim for? Has she incurred any extra expenses or lost any earnings as a result? I think you would find it hard to prove the dreams were related and I dont see why she wont be able to have her scheduled MRI anymore. I would contact the head office of the chain advise what happened and you were unhappy with how it was handled and that no record was made in the accident book. They may send flowers or a voucher, I think that's as good as you are going to get.

[HoppingPavlova]

plus she has a MRI scan on saturday relating to a long standing neck/back/shoulder issue, which I think may not proceed due to the head injury.

Why on earth not? You do realise MRI’s are used routinely for head injuries don’t you.

I don’t understand what outcome you are hoping for here?

[Mustbetimeforachange]

What would you be claiming for? Please don't add to the US style claim culture. Having said that I hope your mum recovers soon.

[PragmaticWench]

I really wouldn't cancel the MRI, that would be a mistake.

[HeyMonkey]

What would you claim for? What injury did she suffer?

Did she suffer any broken bones, actual injuries?

[HappyHammy]

Do not cancel the MRI. It might be a good idea to have her checked over by her doctor just to make sure she is ok. Get in touch with the store manager and explain what happened, it should be on CCTV and presumably if the sign fell down it will be stored somewhere, it's a safety issue for the store. I dont think you can expect much, maybe a voucher or goodwill payment t, if the staff at the home were concerned wouldnt they have got a doctor in or sent her to hospital for a check up.

[LIZS]

Worth checking it was recorded in the accident book at the store and their protocols followed. However if she declined assistance at the time there was mot much more staff could have done. Hope she recovers soon.

[SummerInTheVillage]

She said she was ok, not sure you have any claim. What would be the basis, you haven't lost anything?

[Flerkin]

I think you seem to over reacting. Strange dreams, must be the result of a head injury?

She says she is fine. She might want to get checked out. But you cant make her. No reason to delay tests or anything like that.

Far top early about thinking about suing the shop.

[Veterinari]

I have understand this was distressing, but your mum was not injured and has not suffered any negative consequences.

What exactly do you want to claim for?

[seven201]

I think you're massively over reacting. Why would you make any kind of claim? Of course complain to the shop so they can tighten up their procedures and check the rest of their advertising boards are secure, but I don't understand the claim thing.

[daisypond]

What head injury? Your mum said she was fine, just a bit shook up.

[Tonnerre]

What do you want to make a claim for? Has she incurred any extra expenses or lost any earnings as a result?

Why do people on MN constantly promote the myth that you can only claim for injuries if you have suffered financial loss? At the very least your mother can claim damages for pain and shock, and for someone that age I suspect there is a danger of more serious long-term consequences for which she is fully entitled to claim compensation. It's not greedy, and it's what businesses pay insurance premiums for.

[ChelseaCat]

I’m glad she seems to be ok, however it’s literally the day after and you’re thinking about a claim?? FFS. Why are people so money grabbing 🙄

[gamerchick]

It's not greedy

Someone has an accident and immediately it's all how to get some money out of it. There are words to describe that.

[Hoppinggreen]

Thankfully your Mum seems ok so I would just be thankful for that and move on

[Ronia]

Do speak to head office and keep the receipt for the items bought as the sales assistant's be or till code will be on it so the store can identify the staff member involved.

Claim is probably a bit strong but it was poorly handled and they should be made aware.

[Bluntness100]

I'm not sure about the claim either to be honest. She would need to prove the shop was negligent. Which they may well have been. But equally they might not.

Do you really want to go down this route of litigation?

[HeyMonkey]

Well yes, you would claim for pain and suffering if you had sustained a broken limb, whiplash etc - i.e an actual injury.

But it doesn't sound like an injury was sustained. Was she taken to A&E? Is she physically damaged?

[ComtesseDeSpair]

What do you really and honestly want? Would you genuinely like for the shop to apologise and commit to training their staff more thoroughly? Or do you want money?

I always feel sorry for the staff involved when this sort of thing happens. A minimum wage sales assistant; possibly not (and I’ll be flamed, no doubt) the brightest or most educated; it’s easy in a moment of panic and fluster to forget your health and safety training and remember that you have to record something in a book and follow a procedure rather than just try your best to make sure the person is okay. And they’re the person who’ll be disciplined or given the sack.

Your mum should go for her MRI but, fortunately, it sounds like she’s unharmed and doing well and is anything else really necessary?

[Joh66]

Your mother WAS injured. She had a bruised head and shoulder and was shocked by the accident. If this were a small child, they could have been killed. Of course your mother should pursue a claim with the company. The first step is to write to the company and make a complaint about the inadequately secured board AND the way it was handled after the event by it not being entered into the accident book despite a member of staff being present. At the very least, for an elderly lady with a head injury, she should have been provided with medical advice and been checked over by a medical professional. The store should have apologised and offered recompense, plus advised they will be carrying out a safety check to ensure other unsecured or inadequately secured boards will not be causing further injury to customers.

[Flerkin]

A store isnt going to offer recompense for being injured. That's decision is above what the store can do.

We also dont know if medical assistance was offered. You cant force someone to receive medical help if they are conscious and have their mental faculties.

All the other stuff, accident book etc can be dealt with by a complaint. Not by pursuing a personal injury claim.

A bruise and being a bit shook up, isnt going to a large chunk of money. If anything at all.

OP, is clearly trusting to add things in ti make it worse. Like saying a scan may not be able to go ahead. Because she knows there isnt really anything to claim. Probably the reason she hasnt returned.

Again, if the OP mother does not want to seek medical assistance or sue them. That's her decision. Not the ops.

[EggysMom]

The OP doesn't even mention bruising.

[ScreamingValenta]

The store would pass any claim on to their insurers - it wouldn't be dealt with by the retail staff.