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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To sue ASDA?!

318 replies

KnightlyMyMan · 18/11/2018 19:00

Ok so maybe not actually sue- but to be very annoyed and shaken up?

This afternoon I was shopping in a (reasonably small) ASDA supermarket picking up items for my gran.

I turned an empty aisle and noticed a ‘cleaning in progress’ sign on one side. No visible spillage and the sign was only on one side so I walked around it (gave a wide berth), Boom, I was on the floor having landed heavily on my right knee.

My fiancé, who was with me, picked me back up and another middle aged chap came running up to help. He had just fallen himself, in the exact same spot as me! The floor was coated in a slippery oil based substance - it had stained his jeans.

A minute later an employee came running up apologising profusely - the chap told her off as she had ‘wiped’ the floor after he fell but obviously done a terrible job. As I hobbled away I saw her retrieve a bucket and mop.

I went to the customer service desk and manager was called- he was nice and apologised (gave me a nominal gift card) but I wasn’t in pain, just shaken and annoyed as had that been my very elderly grandmother or heavily pregnant cousin (who it would have been had I not volunteered) it would have been very dangerous!

Since I got home my knee has seized and is now bruised and swollen in a lump. I’m 25- fit and healthy - never had anything like this happen before. But I’m really annoyed that It did- I won’t be able to cycle to my office tomorrow 😒 and expect I’ll be sore for a while. I’ve never considered suing anyone for anything but think this could easily have been avoided!

To sue ASDA?!
OP posts:
BookMeOnTheSudExpress · 19/11/2018 06:10

You were "tempted" to kick up a fuss?
I don't know because I wasn't there, but I strongly suspect the staff of that Asda are still talking about how you "didn't" kick up a fuss yesterday in the shop. And will probably be doing so for some time.

Alfie190 · 19/11/2018 06:37

It is a bruise. It really doesnt look that bad. Get off the compo bandwagon and stop being such a baby.

Flowerpot2005 · 19/11/2018 06:40

There was a sign to indicate where the spillage was supposed to be & you sensibly walked around it. Unfortunately, the sign didn't cover the extent of the spillage. Quote clearly the isle should have been blocked off & it wasn't.

Your knee looks really sore, get it checked over & submit a complaint to head office.

PersonaNonGarter · 19/11/2018 06:42

Yes, claim. Definitely. It is part of what stops these things happening to more people and improves safety.

Go to the doctor today. Keep taking photos. Write down each and every impact on your life. Ring a personal injury solicitor (ring two) and ask for no win no fee. Make sure they contact ASDA immediately to make sure they keep the cctv footage.

Flowerpot2005 · 19/11/2018 06:42

Also, the store may be using the wrong cleaning products, which could make the floor slippier when there's a spillage. It does need looking into.

Alfie190 · 19/11/2018 06:46

@NickyP17

I really hope your mother loses and loses a lot of money in the process. Just as she is hoping for somebody else. Vile.

AgathaRaisinDetra · 19/11/2018 06:52

You ignored the sign so this is 100% your fault. Stop whinging and relying on the blame culture to avoid personal responsibility. You ignored the sign. You ignored the sign (and repeat).

WidoWanky · 19/11/2018 07:00

I have been that min wage shop worker.

A customer spilt a bottle of oily crap on the floor, dropped the glass bottle then just walked away. Just me in the vicinity. I got a cleaning sign as that was the closest thing to hand, but still off the shop floor.

Then had to go elsewhere, off the shop floor, to get cleaning products to clean up. came back to several customers complaining about the mess ....

You sue, there will be even less staff as they recover their costs somewhere. But maybe it would be a better idea if individuals took responsibility for their own actions. Dont just make a mess and walk away.

You want compensation off someone? Go through the camera footage. Find who caused the spillage. That would make my life a lot easier!

WidoWanky · 19/11/2018 07:05

And for the pp who mentioned first aiders. We get the same training as anyone else. What we dont get is a fully kitted first aid box. That costs money.

What we do get, is the paperwork to fill out, in case someone decides to sue. Never run short of them.

And it is my understanding that first aiders are a legality, primarily for staff. That they are available to the public is a 'bonus'

sonandhelpneeded · 19/11/2018 07:20

@NickyP71 that's act is rubbish, my DH is a postman, if they get bitten through the letter box it's their fault! You do not put your fingers through when posting a letter!

lazymare · 19/11/2018 07:53

A friend of mine had a very very bad accident in a supermarket. They really should be more careful with spills.

HeronLanyon · 19/11/2018 08:01

@AnastasiaVonBeaverhausen

Heaven forbid but if an injury which seems nothing at the time becomes significant accepting some apology or token does NOT mean you can’t recover if the shop was in the wrong. Limitation period runs from date of discovery of injury or significance of injury and is 3 years (ie 3 years to start a claim) this is precisely because the consequences of some injuries aren’t known or haven’t developed until later.

Imagine if occupiers who owe us all a duty of care could make it all go away when someone is injured by giving out a crappy voucher ! Shock

This could well simply be an accident caused by ops decision to walk where she did but if signage wasn’t good enough then it might be very different and quite right too. I always think of eg someone elderly for whom a fall is life threatening to rationalise all of the h and safety stuff which protects all of us.

Sparklingbrook · 19/11/2018 08:04

I would like to see CCTV footage of what happened.

Still feel for the employee doing her best while being told off.

HeronLanyon · 19/11/2018 08:08

Or a diagram ? Grin although I’m thinking the op and the Asda employee would draw very different things. We’d also need a scale indicator and perhaps a site visit (hoping it was crisps and savoury snacks aisle) or cheese. Grin

Sparklingbrook · 19/11/2018 08:12

We should have a reconstruction like on Crimewatch.

HeronLanyon · 19/11/2018 08:13

yes ! I would like to be innocent bystander tucking into free cheese samples in the background please

MemoryOfSleep · 19/11/2018 08:17

I think sue them if you want. I'm usually not one for the compensation culture but asda are a huge American corporation who are doing pretty well, I doubt you'd do them any harm and you might feel better if you get your day in court, so to speak. I doubt you'd get anything really as the damage is minimal, but if you do decide to sue, get yourself down to the doctors today so any injuries are on file.

WhatchaMaCalllit · 19/11/2018 08:17

OP - I'm not suggesting that you do sue Asda for this accident but if there isn't an alternative mechanism to get the store manager/area manager to take health and safety seriously, then it would be an avenue open to you. If the desired result that you're looking to achieve OP could be done without suing, then I'd definitely go down that route.

If it wasn't the OP that fell, if it had been an OAP, or someone with restricted mobility already, I wonder if the people who have said on this thread "Don't sue, what do you want? You've said you don't want the money..." would quite so vocal about not suing.

The woman who suffered burns in the US when her coffee spilled over her from a drive through McDonald's was only looking to have her medical expenses covered and a jury awarded her $2.7m (which was reduced on appeal). If corporations don't instruct their staff to place warning signs at or very near to where there is a spill, sure they might as well put a sign saying there is a spill on the way into the store and good luck to you!
To other posters - how do you think the warnings on products get there - "Caution - may contain nuts" on a packet of peanuts, or "Warning - Contents may be hot" on a hot apply pie or a coffee cup or "Don't dry pets in a microwave"....

Bringbackbertha · 19/11/2018 08:20

Which aisle was it in.... if it was the oil aisle it would be safe to assume that's what they are trying to clean.

I saw you have accepted that suing isn't the best way.... however it may be worth getting the footage might be worth £250 Grin

I was in Morrison's with a older relative who walked around the corner into an aisle and tripped over a 2 stack of peas which were being put on the shelf. No staff in site and no signs. No one came to help apart from public. So I picked up the relative and hobbled them to the cafe and eventually found a senior member of staff.....they apologised and went to walk off..... my relative didn't want a fuss but I demanded that they wrote it in the first aid book and got my relative a drink but no compensation was offered not even a voucher.

NickyP71 · 19/11/2018 08:47

This reply has been deleted

Message withdrawn at poster's request.

Sparklingbrook · 19/11/2018 09:08

This thtread has reminded me to check if Asda are doing the cheese advent calendar again this year. Smile

HeronLanyon · 19/11/2018 09:10

Omg. Cheese advent calendar ! Have never been to an Asda just don’t have them where I am. May have to trek to one.

HeronLanyon · 19/11/2018 09:20

Excellent thank you sparkling brook. I will obviously be careful when I do my dash to that aisle and respectful of any Asda employee/signs etc. Grin

sweeneytoddsrazor · 19/11/2018 09:23

@Sparklingbrook they most certainly are doing it this year.

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