to think it's the supermarket's fault I fell

[tactum]

In a small branch of a major supermarket yesterday in perfectly normal flip flops. Walked past the fresh flowers which were in water and promptly slipped on some dropped water and fell REALLY hard on the floor. Instinctively put my hand out to break my fall and landed on my wrist. I am going to minor injuries tomorrow but am fairly certain it is broken - broke my scaphoid on the same hand last year and this feels very similar in terms of pain/tenderness.

The manager filled in a form and suggested I get it checked. He did point out that I was wearing flip flops which probably wasnt wise - WTAF???? I also heard one member of staff tell another 'we should probably put a mat in front of those flowers now'.

I am definitely not a 'where there's a blame there's a claim' type person but I am mighty pissed off that in all probability I will be unable to drive for 6 weeks - logistical nightmare to say the least - will be in plaster, will be in pain and will be inplaster for our 2 week spanish holiday through no fault of my own.

AIBU and WWYD???? (I know I should have gone to minor injuries today but I was in a state of denial which is now giving way to realism!)

Sorry that it is broken.

I agree with what Tiggy has written. You should definitely be contacting HO.

I do think that the health of the nation could be improved by removing all warning signs....backed up by Darwin!

Oh you'd get some money if you made a claim, no doubt about that. It costs supermarkets more to fight to trial and win than it does to pay genuine claimants off these days. They'll argue the toss until you engage solicitors though (although you could always quote Ward v Tesco at them when you contact them just for the LOLs).

Some contributory negligence though, given that water in the area is foreseeable. 15-20% or so I would say.

Flip flops are made for walking on water, are they not? Round pools and stuff? Hence the grippy rubber. What a silly man.

as an aside, it is illegle to drive barefoot, or in flip flops in the country I live in, if there is an accident & it is discovered you were doing one of the above, you are not insured.

It's personal responsibility to look where you are walking

Sure, but only for expected hazards. We are entitled not to expect water on the floor in a supermarket, or if there is, for them to have barriers and a sign round till they clean it up.

Why is it always someone else's responsibility to keep you safe?

Because the law says so. See the Occupiers' Liability Act.

If they had a sign would you have seen it, given that you did not see the water?

Not sure if you've noticed, but there's a bit of a major difference in visibility between hazard signs and small pools of water.

I would be claiming tbh, youve genuinely had your life affected for a few months by something they knew about and made no effort to correct or warn about, even after it happened.
Put in a claim, get some money, and the supermarket owners will suddenly be more motivated to stop this happening to anyone else.

A customer could have splashed a load out pulling the flowers out

Exactly - it's a foreseeable hazard, therefore the supermarket has a duty to take appropriate steps to guard against it, e.g. by putting such displays on absorbent matting and having very frequent inspections in that area.

Ceto
You have only reinforced my poor opinion of the public. The costs of this idea that it's always someone else's fault cost a fortune and reduces amenities that would otherwise be available. Also other acre (health and safety at work etc) do place the responsibility jointly. Less lawyers, more personal responsibility!

Do people really not take responsibility for their own actions, flip-flops are going to give you less secure footing,

They are not less secure in water.

you know flowers are kept in water

Yes, so do supermarkets because, umm, they put them there. They also know that that creates a potential hazard, and they know how to guard against it. If they choose not to do so and someone has an accident as a result, obviously they are responsible.

take care round flowers in a supermarket if in unsafe footwear.

OP wasn't, so this is irrelevant.

Come off it, engineers. Actually making occupiers and people like supermarkets take proper care saves money - if they don't bother, people have accidents which costs the NHS a fortune, and may put them out of work thus imposing expense on the benefits and social care budgets. Do you really think it's better for supermarkets to save the minimal cost of putting mats down when that imposes onto the NHS and OP all the costs incurred by her broken wrist? But they have no incentive to take basic precautions unless a duty in law is imposed on them.

And, face it, we've seen this week precisely how terrible a cost can be incurred by a lack of basic safety precautions.

In my retail training, the procedure for spills was officially to get one staff member to 'guard' it whilst another went to get the equipment to clear it up, and the wet floor sign. Never enough staff in to do that, but a staff member would go sort it as soon as it was reported. So it is an issue that is taken seriously. I don't think it would be unreasonable to have a mat beneath the flowers, it being an area - like a doorway - likely to have regular spills/ water on the floor. I'd certainly complain to the supermarket, even if you decide not to claim against them.

Ceto
Conflagrating those two events is somewhat insulting and you should feel ashamed. Building regs are a very different issue.
It's not about mats it's the fact that personal responsibility does not seem to exist. It makes the world a sad sterile place.

I am completely ignoring the OP for a moment to say that I've never heard such a pile of crap about brain tumours. Banging your head can cause a haematoma. It can cause seizures and epilepsy, it can cause you to lose the power of speech and understanding, it can cause detached retinas, it can given you almighty pain/headaches. It can cause an internal bleed leading to stroke. But it cannot, in anyway, whatsoever, cause a freaking brain tumour!!

Anyway, back to the OP. I would've just kept going and got on with my day, but given the reaction of the manager (and the comment from him employee) I'd get a solicitor on to it. Might stop him making a similar comment another time.

No, engineers, it isn't insulting, and ad hominem attacks don't improve your argument. People regularly sneer at health and safety regulations whilst whinging on about personal responsibility, and dismiss concerns about the consequences of ignoring them. History equally regularly demonstrates how wrong they are.

I suspect OP would willingly put up with a bit of sterility in return for an unfractured wrist.

"Personal responsibility" needs to be matched with "reasonable care and preventative measures". I dont think that the supermarket took reasonable care here to warn people that there is extra reason for them to be careful.

Ceto
I'm not suggesting that health and safety is watered down, I'm saying that the responsibility of the individual seems to have been eroded or missed. You are the one shamefully trying to use an unrelated tragedy to back up your argument. Fundamentally the litigation craze is wrong.

Once again, there is whole system of law (Tort) dealing with this specifically. A solicitor will have the knowledge to help.

Seek qualified advice.

Sorry you broke your wrist OP. On a practical note, did you think to take any photos of the area at the time? Did you get the names of any witnesses - would have thought these sort of things might help if you so make a claim.

All very well people tut tutting about the terrible blame culture, but if you can't drive/do your job for several weeks because of this injury, it's going to potentially impact on your life. And I think the supermarket has a duty of care to ensure an area isn't slippery, e.g. Mats etc.

Lol at the people saying you shouldn't have been wearing flip flops - yes, high heeled court shoes would have been much safer.

Why are people so quick on the claim wagon. I did not read the OP thinking, "she definitely want to sue", I read it thinking "she is pissed with the manager and wants someone to be on her side".

Why is AIBU an excuse to rip into people?

Oh, and on certain floors, water is actually hard to see from many angles. This is why the regulations surrounding spillages are in place.

Did you sign the form he filled in and did you read what he wrote first?

I was wearing trainers and slipped over on a wet floor, just sayin'.

Blah - shame on you, who wears trainers outside a gym? Can't believe you were so reckless.

as an aside, it is illegle to drive barefoot, or in flip flops in the country I live in, if there is an accident & it is discovered you were doing one of the above, you are not insured.

Which country is that? It's a common belief that this is the case in the UK. It isn't.