Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Personal injury claim, supermarket fall

56 replies

AppelationStation · 20/05/2024 21:47

Today I popped I to my local major supermarket. It was just after school drop off so busy.

I slipped on an unmarked spillage (sticky, sugary dairy drink by the look of it, no signage), feet went from under me and I landed with a hefty thwack on the hard floor. Shopping, keys, purse everywhere, spread eagled in the floor, mortifying.

And, it hurt. I cried, which was extra embarrassing.

A very nice customer stopped and helped me. I was a bit shocked. The staff were nice enough. I was ushered into a back room to speak to some 'customer injury department' on the phone and answer a lot of questions, quite clearly designed to make sure they covered their arses rather than look after me. When that was finished the manager said sorry and ushered me back in to the main shop where I had to limp to the till, pay for my shopping, and limp off to my car.

I've got a bruised and swollen wrist and very sore hip, and pulled some kind of muscle in my neck/shoulder. I've felt a bit shaken today, not sure if it was the public nature, feeling vulnerable, the indignity. Felt silly for feeling that way but still did.

A friend said immediately "PUT IN A CLAIM, SUE THEM!". It was the first thing they thought of. It feels a bit of a gitty thing to do.

On the other hand, they made a profit out of me today, and I left with injuries. They are one of the big four making a fortune, not some struggling independent business.

WIBU to make a proper complaint or pursue a claim?

I'm obviously not particularly litigious by nature, otherwise I wouldn't be asking.

OP posts:
TeaandScandal · 20/05/2024 21:49

What would your claim be for, exactly?
Did you need medical attention?

thanKyouaIMee · 20/05/2024 21:50

What's the basis of the claim?

LIZS · 20/05/2024 21:51

You would have to demonstrate that they knew about the spillage and failed to clean it or put warning signs up. Sorry you were hurt but think that could be problematic for a claim.

Bobbybobbins · 20/05/2024 21:54

I think if you'd needed medical attention eg broken your leg and couldn't drive/work then a claim could be appropriate but not sure you'd get very far if not.

mynameiscalypso · 20/05/2024 21:55

What loss have you suffered? It sounds like a nasty fall but sometimes accidents are just accidents.

BobnLen · 20/05/2024 21:56

What losses have you had, have you not been able to work.

DelilahBucket · 20/05/2024 21:57

You need to do two things in order to claim. 1) prove they were negligent and 2) show you have suffered a loss (i.e. unpaid time off work or unable to drive so need taxis, or life changing injuries). Then you need to consider that the amount of compensation you could get may not even cover your solicitors fees. No win no fee sounds amazing until you get a win of say £1000, and the solicitors bill is £950.

gamerchick · 20/05/2024 21:57

How much in wages will you lose due to your injuries?

Wednesdayonline · 20/05/2024 21:58

Any payout would be minimal as I imagine from your description of injuries that your losses are small if any. A solicitor is unlikely to run this as their costs would easily max out any compensation you would receive. So you could run it yourself if you feel able and due to the lack of signage you may get something, if it was reasonable for them to have got to it before you fell. You will need evidence that they had time to identify the spill and did nothing, or that they should have identified it but didn't follow procedure to have located it in the first place etc etc.

anonhop · 20/05/2024 21:58

I do this for a living. If I've understood correctly, you will likely really struggle to claim for this.

I'd put in a complaint instead x

Arightoldcarryabag · 20/05/2024 22:00

You will be able to claim your costs for things like physio, doctor appointment anything else that comes about.
You'll also have reasonable chance in claiming costs for things like missing work if you have to take time out for appointments or you can't work due to the injury.

It's important to document and record everything.

It will be possible to employ an accident "claims management" type solicitor to deal with all of it but really, just a few google searches and I'm sure the supermarket will happily agree a figure with you either up front or after you've spent the money.

If you believe you could have a serious or long lasting injury, so not agree to any settlement. If you have any suspicion of this at all, speak to a solicitor.

Auntieobem · 20/05/2024 22:00

You would need to show that they had been negligent and that you suffered a loss as a result. Have you had to go to hospital? They'll just have to show that they have systems in place to know about spills and to deal with them when they do. If an employee had said "whoops, we saw that puddle earlier today and did nothing about it" you might have a case.

Angrymum22 · 20/05/2024 22:00

Is it going to stop you working for a period of time? Probably the only thing you could theoretically claim for.
Because you did not require medical treatment it would prove difficult to assess whether the fall is likely to leave you out of pocket or with a longterm disability.
I don’t think you can claim for a bruised pride.

Since the supermarket will have CCTV they will probably be able to support a defence that they were unaware of the spill. It may have seconds before you entered the area.
You have to be able to prove that the staff knew about the spillage and failed to address the hazard.

If you feel that you have a case then you need to see your GP who can record your injuries as soon as possible. Then you will need to find a solicitor who is willing to take on your case.

AhBiscuits · 20/05/2024 22:01

You are very unlikely to succeed. If they can show they had a reasonable regime of cleaning and inspection then there is no negligence. A customer could have spilled something 10 seconds earlier, there's nothing they can reasonably do about that.

Source: Personal injury lawyer for 20 years.

TheAceWoman · 20/05/2024 22:02

"I was ushered into a back room to speak to some 'customer injury department' on the phone and answer a lot of questions, quite clearly designed to make sure they covered their arses"

Well no wonder they feel they have to cover themselves when people try and sue them every time they fall over in their stores. People trying to claim for everything is why insurance for everything is sky high these days. It's embarrassing.

MuchasSmoochas · 20/05/2024 22:06

MN hates compensation claims 🤷‍♀️. Honestly you could be paralysed and they would say no.
Take your time, you’ll be upset and you had a bit of a shock then see how you feel. They should be regularly monitoring for spills and hazards, for all we know this could be happening regularly because they aren’t. Feel better soon OP 💐

Original poster
AppelationStation · 20/05/2024 22:07

It didn't occur to me at all, until a friend said it. It felt uncomfortable to me, so I thought I'd ask opinion. Thanks for the judgement though @TheAceWoman.

Thanks for the informed advice. This was what I supposed, that it wasn't really anyone's fault and just bad luck. I even told the manager it wasn't anyone's fault, except maybe the person who spilt something and didn't tell anyone (a bit thoughtless maybe).

OP posts:
PinotPony · 20/05/2024 22:07

Another PI lawyer here... agree with PP that you're unlikely to succeed. All the major supermarkets have documented processes for regular inspections of the shop floor and clean up of reported hazards. Unless you can show they knew of the spillage and failed to clean it up in a timely manner, you're unlikely to get anywhere with a claim.

ThinWomansBrain · 20/05/2024 22:12

anonhop · 20/05/2024 21:58

I do this for a living. If I've understood correctly, you will likely really struggle to claim for this.

I'd put in a complaint instead x

I was going to suggest a complaint rather than a legal claim - IF you do suffer any long term injury at least you've created a record of the incident.

TeaandScandal · 20/05/2024 22:36

Arightoldcarryabag · 20/05/2024 22:00

You will be able to claim your costs for things like physio, doctor appointment anything else that comes about.
You'll also have reasonable chance in claiming costs for things like missing work if you have to take time out for appointments or you can't work due to the injury.

It's important to document and record everything.

It will be possible to employ an accident "claims management" type solicitor to deal with all of it but really, just a few google searches and I'm sure the supermarket will happily agree a figure with you either up front or after you've spent the money.

If you believe you could have a serious or long lasting injury, so not agree to any settlement. If you have any suspicion of this at all, speak to a solicitor.

She continued to do her shopping after the event, so I’m guessing none of that applies.

Spirallingdownwards · 20/05/2024 22:42

Arightoldcarryabag · 20/05/2024 22:00

You will be able to claim your costs for things like physio, doctor appointment anything else that comes about.
You'll also have reasonable chance in claiming costs for things like missing work if you have to take time out for appointments or you can't work due to the injury.

It's important to document and record everything.

It will be possible to employ an accident "claims management" type solicitor to deal with all of it but really, just a few google searches and I'm sure the supermarket will happily agree a figure with you either up front or after you've spent the money.

If you believe you could have a serious or long lasting injury, so not agree to any settlement. If you have any suspicion of this at all, speak to a solicitor.

There appears to have been no actual negligence and no actual loss ....

DistinguishedSocialCommentator · 20/05/2024 22:46

AhBiscuits · 20/05/2024 22:01

You are very unlikely to succeed. If they can show they had a reasonable regime of cleaning and inspection then there is no negligence. A customer could have spilled something 10 seconds earlier, there's nothing they can reasonably do about that.

Source: Personal injury lawyer for 20 years.

I'm no "personal injury lawyer" but as I read the OP I was thinking of posting the bit about, the spill was a minute before - or staff were not aware of it.

OP, please move on

meganorks · 20/05/2024 22:49

I'm not sure what you are claiming for. Yes, it was unpleasant and it hurt. But what exactly do you want to claim? The reason everyone sues in America is because they have massive medical bills to pay for any injury. If you are genuinely going to be out of pocket somehow you could try. But it seems like your claim is I hurt myself a bit and they have lots of money.

Grannywithnoplanny · 20/05/2024 22:50

Put in a complaint, not a legal claim. You don't need a solicitor to do this. Be clear what you want from them and why you feel it's justified, and see how they respond. You don't have major injuries and an actual PI claim would be stressful , lengthy, and not very fruitful, but you can detail what minor injuries, pain, inconvenience this has caused you if you want.

Willyoujustbequiet · 20/05/2024 22:56

Something similar happened to my friend and she got £6k. She broke her ankle though.

See how much pain you are in in a few days. Document everything, take photos.