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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

134 replies

tactum · 19/06/2017 18:28

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!)

OP posts:
GhoulWithADragonTattoo · 20/06/2017 12:03

The shop are negligent by allowing water to pool on floor making it slippery and not having a sign. If you have suffered an injury they would be liable. However you would be contributory negligent because of wearing the flip flops which make you more likely to slip. So they would owe you damages but they would be reduced by a portion because of your footwear.

So go to hospital first and then speak to solicitor.

BlahBlahBlahEtc · 20/06/2017 13:18

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

Grin
SoupDragon · 20/06/2017 13:50

However you would be contributory negligent because of wearing the flip flops which make you more likely to slip

Except they don't make you more likely to slip.

TequilaSunshine · 20/06/2017 14:12

Do people really not take responsibility for their own actions

This. I don't think it'd even occur to me to "get compensation."
Sometimes accidents happen. I'd think to myself "clumsy arse" and pick myself up and go on my way.
Not think "I need some money out of this, it's the supermarket's fault."
Even if I broke a bone I still wouldn't.

ThanksMsMay · 20/06/2017 14:15

I've spent most of my life in flip flops, I've never tripped because of them? I

highcastle · 20/06/2017 14:16

YANBU. I lived in a country for a while where flip flops were standard everyday footwear. People weren't falling over all over the supermarket.

You fell because the floor was wet.

Of course it would be unreasonable to expect staff to notice if someone had dropped water on the floor 30 seconds ago... but it's not unreasonable to expect they'd anticipate the issue and have a mat down.

TequilaSunshine · 20/06/2017 14:16

The supermarket should have a sign...

Please note the water the flowers are in... IS WET!

Yep. I always roll my eyes when I see labels such as "caution - contents are hot" on cups of coffee No shit, Sherlock or "contains nuts" on a packet of nuts should bloody well hope it does
but all the replies on here makes me see why they're needed!

ThanksMsMay · 20/06/2017 14:17

eed some money out of this, it's the supermarket's fault."

Well good for you. But if they didn fuck up and the op spoils her holiday, needs to hire cabs has additional issue due to their recklessnessthan why should she eat the cost instead of a massive super market

Goodythreeshoes · 20/06/2017 14:20

CCTV might show that you slipped, rather than tripped.
A fractured wrist is bad enough, but a broken hip could be life changing for an older person.
I'd definitely take it up with HO even if you don't intend to claim against the store.

n0rtherrn · 20/06/2017 14:40

They are flip flops not stilettos.

Obviously flip flops are more risky on stairs but on a flat floor? You don't just fall over because of a flip flop. The wet floor with no warnings or safety provisions caused it.

I would find out what your injury is and any potential loss of earnings or inability to drive is, and take it from there.

GhoulWithADragonTattoo · 20/06/2017 15:05

I think the shop would say flip flops make you more likely to slip and I think a court would accept that. I can't see this not being contributory negligence.

SoupDragon · 20/06/2017 15:32

The supermarket should have a sign...

No, the supermarket should have had mats to soak up the spilt water from the flower display. As a member of staff actually said.

SoupDragon · 20/06/2017 15:33

And it wasn't the water the flowers were in that was the problem, it was the water on the floor.

Ceto · 20/06/2017 18:17

Fundamentally the litigation craze is wrong.

What litigation craze? No-one can successfully claim damages for negligence without satisfying strictly laid down legal criteria. I think you are making the mistake of believing the right wing press, engineer.

Ceto · 20/06/2017 18:20

Sometimes accidents happen. I'd think to myself "clumsy arse" and pick myself up and go on my way.

So do you think that when you have not actually been clumsy and the accident isn't your fault, Tequila? At what point, if any, do you stop being prepared to suck up the consequences of someone else's negligence?

LiveLongAndProspero · 20/06/2017 19:27

Please note the water the flowers are in... IS WET!

You're not funny. There shouldn't be water all over the FLOOR is the point you seem unable to grasp.

The supermarket is at fault and has legal liability.

monkeytoad35 · 20/06/2017 19:34

How is your wrist OP?

BrexitSucks · 20/06/2017 20:21

Wow, what is the break like? (Morbid curiousity). Are you cast or just in a sling? Are you definitely unable to drive?

CorbynsBumFlannel · 20/06/2017 20:33

I really can't feel sorry for a large supermarket having to pay out. My friends solicitor told her that the supermarkets know that what they have to occasionally pay out in compensation is much less than what it would cost them to have staff check and clean the floors regularly and log it like they are supposed to. So they are happy to let their customers slip and be injured because it's cheaper for them. Not much to feel sorry for really. It's not like the op would be suing an individual. A big supermarket can more than afford to compensate a customer for an injury when they have failed to keep their premises to the standard of safety they are legally required to.

Original poster
tactum · 20/06/2017 23:51

I have a hairline fracture to the radius. Will be in a cast for 6 weeks, unable to drive. May just get cast off before summer holiday - hospital have said they will try. Completely peed off!! Probably can't be arsed to sue on the basis that I don't have any photographic evidence or witness statements and don't actually need the money - I am self employed web based from home so am not much out of pocket - kids will have to rely on friends parents for lifts or just miss out if dh can't take them places socially.

OP posts:
torenova84 · 21/06/2017 00:36

6 weeks in a cast for something that wasn't your fault ? I'd be more than pissed off. As far as suing that is entirely up to you. As for evidence you do have plenty. They logged it in the accident book. it will be on cctv in the shop (assuming it has some). You have a hospital admission and the evidence is an arm in a cast. You heard staff admitting they should have done more to make area safe. What if it had been an elderly person who fell and broke a hip or worse? Yes people do have to take some level of personal responsibility but so does the shop have a responsibility to keep their premises safe. They are more than happy to take your money and make a profit, the least they could do is make sure their customers don't also have to pay for it with a broken arm.

TequilaSunshine · 21/06/2017 01:06

So do you think that when you have not actually been clumsy and the accident isn't your fault, Tequila? At what point, if any, do you stop being prepared to suck up the consequences of someone else's negligence

I just don't have it in me to have my first thought as "I'll sue, it's the supermarket's/whoever's " fault.
If you're of the "get money" mindset, where do you assign where it's acceptable to seek money from and where isn't? If it's not your fault, that is?
What if you went round to your mates who had a paddling pool out and you slipped getting out?
Smacked your head getting off the trampoline/bouncy castle they'd hired?
Where's the difference?
Sometimes accidents happen.

GhoulWithADragonTattoo · 21/06/2017 04:03

Go in and take photos tomorrow. You have the accident report and your evidence.

user1497480444 · 21/06/2017 04:12

am not much out of pocket

you were inadequately shod, you had an accident, it has cost you nothing, on what grounds to you or anyone else believe you are entitled to compensation?

Itsallamysterytome · 21/06/2017 06:08

Trouble is you put a mat down in front of the flowers, and a LOAD of people ruck them up and/or trip over them. They need to carpet the store.

If the store manager was told about the spillage and then didn't get a member of staff to stand by it warning people until the cleaner came then that is negligent. But the fact a thoughtless person dripped water on the floor and didn't alert a member of staff (because we always do that don't we?) isn't the stores fault. Sue the shopper that spilt the water.

Sorry about your wrist OP

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