Personal injury claim, supermarket fall

[AppelationStation]

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.

You can claim if you can show that they were negligent. If they weren’t negligent then you have no claim. For example if a customer spilled something 5 minutes earlier and the supermarket was unaware of this then they can’t be negligent. However if you can prove that the spillage had been there for an hour and several customers had brought it to their attention and they had just ignored it then yes you have grounds for a claim.

CCTV shows five members of staff simply walking past the spillage? Probably have some basis

CCTV shows a customer spilling it seconds before you slipped and going to tell a staff member who calls a cleaner? No

You could complain directly to the Head Office and you might get your shopping refunded and some vouchers as a goodwill gesture

I personally would have just complained to customer service and hope to get a gift voucher.

I don't think you'd get far with a claim, but definitely complain formally if you don't feel you were dealt with appropriately.

I slipped in asda while I was heavily pregnant a couple of years ago. There was melted ice cream on the floor in front of a freezer and as it was near closing time on a Sunday the staff couldn't have given less of a shit.

I stopped two members of staff to tell them there was a spillage and just got shrugged at and then smirks when I said I'd fallen. I didn't pursue it as I couldn't get anyone to actually speak to me or deal with anything. I ended up in hospital a couple of days later as it caused my already knackered spine to flare up and I was in agony for weeks.

I really should have complained but felt I couldn't once I'd left the store.

The comment about them having loads of money because they are one of the big four is ignorant. That money pays ordinary retail workers their wage every week and keeps their families going. It's not just lining the companies pockets. I would hope anyone in that situation wouldn't consider claiming unless they really had to.

“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.”

You purchased goods from them today in a normal commercial transaction. That has nothing to do with the accident that you had and neither has the size of the company, except you seem to be saying that it’s morally different to pursue a claim against them than a small company.

I’m sorry to hear about your accident, you must be very shaken up and, as you indicated, the embarrassment was a major part of the incident. If you feel your wrist injury is worse tomorrow you should get it checked out at minor injuries/urgent care, though being able to drive home suggests it’s not a break or sprain.

We did pursue a case once on behalf of our daughter for personal injury against a service provider and won but she had a more obvious injury and immediate treatment a&e records, though it was, thankfully, not a long term problem. It wasn’t a lot of money but we took action more because they were indifferent to what had happened and we wanted them to stop an unsafe practice.

As an adult without detriment of loss of earnings or similar or long term impairment, what you might actually receive for, in your case, pain and bruising is not a large amount at all.

It does sound as if the shop did acknowledge you and take some care of you even if it came over as being legally defensive ( which it probably was).

I do hope you are feeling better tomorrow.

No don't put in a claim but they should have not charged you for your shopping

I was awarded £10k after i fractured my tailbone.

The pain was horrendous and I had a seizure on the floor and taken away by ambulance.

The case went on for a number of years before it was resolved, and I had to provide a lot of supporting evidence to show the injuries I’d sustained and reports from my visits to a chiropractor.

If you have an injury and want to pursue a claim, make sure you see a doctor and take up any rehabilitative therapy offered to you.

complain you’ll get a goodwill voucher off them

Oh, give over.

To claim compensation you generally have to prove loss. So if you got up and walked away then it will probably be billed as an accident.

A lady I knew slipped in McDonalds once and broke her ribs as she hit some fancy shaped chairs in the children's area. An ambulance was called and the Paramedic suggested she take it further as she had slipped on egg - which they only served until 11.30 on breakfasts and she had her accident happened at 2pm!

Not seeing the problem
years ago went to customer service for a plaster son had cut his finger on sharp but on trolley
had to fill accident report in they gave us ( never asked ) a £10 voucher said to treat him or get breakfast in the cafe

I’m not suggesting going to a no win no fee lawyer and claiming for whiplash and a bag of antiques you were carrying

They would be liable (unless they can demonstrate that they have a written or other suitable record that they very recently checked the Isle for spillages).

However in the UK damages are not punative - you'd be claiming for things like emotional distress that needed counselling, or injuries that were so severe you needed time off work or to pay for physio. It's compensation for financial / emotional loss you have suffered. So a bruise and a few tears is not worth very much, and you'd have to submit evidence eg be examined by an approved medical expert.

Not worth it in my opinion unless you feel like they've been negligent (never check for spills, or were aware of a spill and did nothing) and you want to make a point to force change. Or your injury turns out to be worse than anticipated and does actually affect your life / job

think this might be the best way to go.

Email head office, giving it the old 'My friend has suggested putting in a claim but I don't want to, however I thought it worth highlighting that I was a bit upset how it was handled because....' 'I'm a regular shopper here and always thought [supermarket name] prided themselves on being customer focussed but....'

It sounds a bit poor, at the very least they should have put the shopping through the till for you and carried it to your car, or if it was a big supermarket with a cafe sat you down with a free tea and cup of cake until you got over the shock.

They might offer you a gift card or something. At the very least if you complain they have to look into it - they might come back with 'we have investigated...' and give you some information which would then help you make an informed decision e.g. if they said 'we have reviewed the cctv and it shows that the drink was spilled seconds before you came so staff would not have had the opportunity to do anything...' then as pps have said you might struggle to get anywhere.

However if they say 'CCTV and staff interview have established staff member noticed the spill and had gone to get stuff to clean it up...' then it might be relevant, as ideally they should have got someone else to stand there while they did that.

Erm if you need medical attention then you need to call the store up, speak to the person who dealt with you and ask them how to proceed as their liability insurance should cover any care you need (private care obviously)

But what do you want to sue them for?

Sounds like you need to get checked out and I surprised the shop didn't insist on it

I think, since this thread is more than a year old (as you well know ) it's probably all sorted now.

Well you continued to do your shopping and push a trolley so you can't have been that badly injured.

No I didn't well know at all. What a strange tone you have.

It just came up at the top of my posts for some reason and I didn't look at the date so assumed it was freshly posted since it was at top 🤪

Your reaction is rather bizarre, just scroll not and read on. Who cares as I don't.

Old threads always have something just above the posting box to say it it old. I'm surprised you didn't see it.

There's been a slew of old threads getting bumped for no reason.

Saying that, I wonder if the OP did sue.

This is the best advice, and it's also a reasonable thing to do. If they were complacent then management will do something to avoid another, possibly worse accident, involving someone who's hips and wrists are not as strong as yours (you could also point this out to them).

I hope you feel better soon, falling over is not pleasant.

Agree with this. Whether you bought items in there or not is irrelevant as the reason you were in there in the first place was to buy your items no?

So not really similar then?

I fell over in Aldi once, it was a bit of strapping left in the floor. Ruined one of my boots and hurt my knees it was embarrassing as well of course. They looked at the store cameras and gave me £50 gift vouchers ! Everyone said sue them but I really don’t think I would have got anywhere. It does sound like you have hurt yourself though OP

Apologies didn’t realise this was a stale thread

You have revived a ZOMBIE thread from May 2024.

did you click in it from 'similar threads' or 'other threads you might be interested jn'

MN needs to put a message in those threads highlighting the date.