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Legal matters

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Legal advice please

6 replies

ajohnson1991 · 22/08/2015 11:45

Can someone help?

On my due date (9th July) I fell over in tescos due to a spillage that had not be cleaned up - nor was there a wet floor sign, I severely damanaged my knee and back (which I've now been sent for physio on) luckily my baby was fine and unharmed. Tesco didn't send me any first aid, nor were they very helpful - however they offered me some Muslim squares and a toy rabbit as a means of apology - Blush

After writing to them stating how upset I was with the situation and images of my injuries they wrote that due to new laws they only have to clean up aisles once a spillage is reported, the spillage I slipped on was not reported by the time I had fell therefore it is my fault and not. There's. I'm so angry and disappointed they are so flippant in regards to this.

Is it worth my taking this further or am I barking up the wrong tree?

Advice will be greatly received!

OP posts:
Rockchick1984 · 23/08/2015 08:59

What are you hoping for exactly? Are you after an apology or do you feel you deserve compensation? Have you had to pay for private physio / been left out of pocket or anything?

If no one had reported the spillage yet then I don't really see how they could have done things differently to be honest!

PenelopePitstops · 23/08/2015 09:03

Agree with rock, sometimes things happen that are purely accidental. It's no one's fault you fell over, just one of those things that happens.

Babbit · 23/08/2015 09:09

Right, first of all there are no new law saying they must only clean up once the spillage is reported. Under the Occupiers' Liability Act 1957 they must do all that is reasonable to ensure the safety of visitors to the premise. They must demonstrate they had a reasonable system in place (cleaning, inspection etc) to prevent this type of accident occurring. If I were you I would take legal advice as they may have a liability and the burden is on them to show they had the systems in place.

Babbit · 23/08/2015 09:10

They are muslin squares not muslim by the way Smile

ajohnson1991 · 23/08/2015 09:50

Thanks - auto correct on phone Shock

I understand that if the spillage wasn't reported how could they have cleaned it up... In the letter they state that lawfully they are only expected at minimum to inspect aisles every 30 mins so anyone that falls during that 30 min gap basically has to suffer?

I'm now under going physio for my back as I struggle to move most days and can barely lift my 5 week old baby?

The fact I was 40 weeks pregnant at the time and they didn't send any form of first aid to me is really wrong also.

The cleaner was present at the opposite end of the aisle around 25-30 metres away and had put a wet sign over a spillage at the other end but failed to spot the area that I fell on nor was it signed. It was only after I fell that she came up to me, didn't say a word and began mopping around me as I was helped up by members of the public. Hmm

Just not sure how it's okay that I'm suffering at a time that should be most enjoyable for me and my family and they just dismiss it.

OP posts:
Babbit · 25/08/2015 23:06

It is not possible to give a view on liability here without further information. You need to see a solicitor - you have 3 years to bring a claim. They won't take your case if they don't think you have a claim you needn't worry about it being expensive.

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