To sue for this?

[BecauseYouR]

Sorry, posting in AIBU for traffic, I don't know if I can even complain.

A week ago, I was in a supermarket and fell onto my bottom whilst carrying DS in a sling.

He screamed but wasn't hurt. I was in a lot of pain, lower back and bottom.

I was helped up and got a firm apology from the manager, I believe. Then I went to A&E with my MIL because I couldn't walk properly/stand up straight.

Turns out it's Saxr

Forty it's not as simple as that.

I can't even bend properly to pick up my baby.

It's horrendous, and emotionally draining. I'm counting my lucky stars he isn't walking yet, otherwise I would be stuffed

I don't own my own home FASH

I wish you wouldn't sue because I hate they way our country is going. If for example a toddler had spilled some water or juice on that supermarket floor and a minute later you slipped on it, how is that the supermarket's fault? Unless they have someone stationed at the top of each aisle mop in hand at all times it's going to be unavoidable occasionally. You could just as easily have slipped on a spillage just outside or on your own drive.

Very different situation if you can prove that they knew about it but couldn't be bothered to clean it up.

You don't have home insurance possibly because it's too expensive. Too expensive because the premiums have gone up due to too many people like you suing unnecessarily.

I don’t know, what would you be seeking money for?

If you were in the US for example, you could reasonably ask for your ER bill to be covered, but we have the NHS here.

If it’s a general “I had an injury in your store, therefore I should be paid an arbitrary amount” then I don’t think that will go far.

Instead of asking here, why don't you ask one of those blood sucking no win no fee lawyers? Plenty of them out there. Just Google '"Have you had an accident that wasn't your fault?"

Standard British reaction these days

Do you think you would have seen the spillage if you had not been wearing the sling?

Hi OP I was at an induction at a local gym - I pulled my muscle at the top of my leg - it still pulls 3 years later. I did pursue a claim but due to me not mentioning it at the time (thinking it would go away) I still experience discomfort.
Supermarkets have insurances for these types of incidents.
You can can make enquiries - you've nothing to lose.
Re returning to work - you will need to go on the sick if you are not fit for work.
The pain will hopefully improve over time.

Does your landlord insure the contents of your Home?

If not you sho.ld consider contents insurance unless you could afford to replace your electrical goods, clothing, book, media, baby stuff etc in case of a break in or fire.

There are lots of contents only policies some specially designed for renters who might have a furnished flat.

WRT your injury why don't you speak to a specialist solicitor - personal injury, I understand from people who work in th business, is best litigated by those who do it all the time eg. "Ambulance chaser" law firms. This is not a Time for your friendly local solicitor who wrote your will etc. They rarely have the expertise.

A solicitor will quickly tell you if you have a reasonable claim or not. IF they offer you no win no fee you almost certainly do have a good case but listen carefully to the level of expected pay outs there is a fairly standard tariffing system for injuries and for some of them, depending on your circumstances, it just isn't worth the hassle.

Get some private treatment and try to get compensation for this. That would be reasonable. The nhs physios often have a no touch policing. Even if they don’t, what is on offer is woefully inadequate. Chronic pain sufferer here.

How much have you lost financially as a result of this injury?

You can try but it'll likely go nowhere. How long was the spillage there for? Did they know about it? Was the spillage their fault? Did a customer spill something then fail to report it? I doubt you will be able to answer these questions or have sufficient evidence to prove negligence.

YABU.

Don’t get the hostility to OP’s reasonable question

Do you have any evidence of this? Photos? Accident report? Witnesses? Do you have a case that shows their negligence?

As a PP said, you should have basic level of household insurance, even if your home is rented.

To cover you if there is a burglary or a fire.

Please sort this out ASAP. I have just been advising DS the same as he is moving from University accommodation (which includes insurance) to a private rental.

Also the best place to get advice about whether you may have a legal claim against the supermarket is a solicitor, not an internet forum.

Their first session is normally free.

Sympathies OP, sacroiliac joint pain is excruciating, but it usually heals within a few weeks. I am not sure what you could sue for if you're not working, as no loss of earnings etc?Also as PP have said, how would you prove the supermarket was at fault? If you'd sustained a life changing injury maybe you'd have a case.

An osteopath might be worth a visit, helps me no end when my SI joint "goes".

I've got Sacroiliac joint pain and it's horrible. What is your reason for suing? Is it for the money or because you feel wronged?

A customer could of spilled something or it could of been a package from a freezer that had ice on it that was melting.

If a customer had just spilled something and the store were unaware of the spillage it may be more difficult to prove negligence.

Negligence : someone is injured
Store has a duty of care to protect their customers from injury
Store fails in that duty.

If they were unaware then the last element may be difficult to prove.

However many slippage claims do succeed because they have a legal duty to take additional care.
Chat with a solicitor who takes on these kind of cases.

Have you asked about steriod injections? I have them for one of my joints and they can help with pain. And accupuncture.

My sympathies as anything that goes with the back is very painful. You can ask about suing but its proving it. My mum slipped on spilled yoghurt and was in agony after and the big shopping center denied they had the security video.

Fortybingowings rubbish. She can’t work or attend an interview. It’s affecting her life. They should have people checking the supermarket is safe for people to shop in.

I hate this rhetoric that suing is bad - it’s all perpetuated by insurance companies, banks and rich companies so the little people are kept in their place.

OP speak to a solicitor, don’t listen to daft ‘its health and safety gone bad’ types on mumsnet - they are just speaking shite! Wait till they have a life affecting injury that was not their fault. I bet they wouldn’t put up with it then!

Sounds like the store will be legally liable for this, the insurance company will ask for medical evidence for your injury so you need to make sure you are going to the doctors.

Thanks all, I will chat with a solicitor in a week or so if I'm still very unwell.

I may not be working (on maternity leave), so not any direct loss of earning, but now I cannot return to work as of yet and I can not attend any local interviews because I can't even stand up straight.

As for wrongly or rightly suing - I don't think I'm in the wrong. Big companies have insurance for this sort of thing. In my opinion, what results from someone legitimately suing is a more cautious company and a customer that's cared and considered for. I can't even bend down to pick up my baby, that to me is worthy of some sort of compensation if it carries on.

As a side note, my slip would surely be on CCTV, no? And if that's the case, wouldn't the footage show, at some point, when the spillage happened?

Surely you would have to prove that the staff knew but hadn’t cleared it too? You would have to prove their negligence?