Accident at supermarket

[Chocolatethin]

DH is working away and has had quite a nasty accident at the entrance to a supermarket in the town he's working in. It's a bit difficult to describe exactly what happened but I'll try my best, I'm struggling to visualise the layout myself so apologies if it's confusing.

He was entering the store from the car park and it was dark and very windy and rainy so he was hurrying to get inside and visibility was poor. Outside the doors is a walkway and separating that walkway from the car park is a completely clear glass screen running all the way along the front of the store. Because the lights in store were on and it was dark outside it looked to DH as though the screen wasn't there and he barrelled straight into it, taking the full force to his face mainly.

He's broken his nose, gashed across the bridge of it, has a lump like an egg on his forehead and has knocked his front teeth loose as well as bashing his (already knackered from a previous injury) knee. The security guard came rushing out and picked him up, gave him some kitchen roll to mop up the blood and mentioned that this has happened several times before, including once already that same day.

So I suppose I'm asking if we should be taking any action? I won't be disingenuous and pretend a bit of compensation wouldn't be useful atm but it's also concerning us that this has happened multiple times before and the store have taken no action (some stickers or something so people can see the screen?) so it's likely to happen again.

I'd both go back asap and take photos to show what you mean. If you can do this on a rainy wet night all the better. At least you have evidence then. Also make a statement to say what the guard said to your husband, the more evidence you have in writing the better.

@PegasusReturns his "losses" are his injuries and potentially very expensive dental treatment. You do not need to go to hospital to prove you were ever injured. But it should be reported to the supermarket and he should see a dentist ASAP.

What exactly do you mean by loose teeth? That they are wobbly? He really needs to get that looked at asap

Without an accident report at the store and/or evidence of medical attention who’s to say his injuries were not sustained in a fight? This is what an opposing lawyer might argue

If i was your DH I would send a formal email to the store in question, complaining that the store design has resulted in injury to you and setting out what I want.

1. For them to investigate the incident, inc CCTV,
2. Confirm that it has been recorded as a H&S incident in their recording system
3. To tell you how many similar incidents there have been (state what the security guard told you)
4. State how much compensation you want - itemised ie, x amount for broken glasses etc
5. That if you do not receive satisfactory answers you will look at taking legal proceedings

Be formal, concise and unemotional and do everything in writing.

Good luck

A friend of mine was injured in a Tesco entrance. The automatic door malfunctioned and he broke his ankle IIRC.

He got precisely £0. Their lawyers were bastards.

Did he seek help from a dentist when your GC knocked his tooth out? If so then why not this time?

When you say his teeth aren’t in the best shape, were they already loose?

My response was to the poster wishing me luck explaining in court and I was pointing out that nothing DH did/didn't do that night was with a view to making a claim so not sure what's 'telling' about that?! It matters not one jot to me whether you think what happened is plausible or not tbh, it's what happened.

The screen is under a canopy so that might explain the lack of raindrops, he obviously didn't crash into it and inflict injury on himself deliberately so theorising about why he didn't see the screen is a bit pointless really. There's obviously a visibility issue with the screen if other people have also walked into it.

I shouldn't be surprised by some of the replies I've had but somehow I still am, people never fail to disappoint. Thanks once again to the helpful posters though, and those worrying about his teeth.

If it is then her DH won't get the names or the CCTV or any photos.

The solicitors can assess whether the claim has prospects of success. They won't risk taking a fraudulent claim.

Nope, his dental phobia is worse than his fear of hospitals. If you knew his history you'd understand why, it's hard watching him suffer (he gets a lot of dental pain/infections) but I can't, and won't, force him knowing what he's been through. I'd say his teeth were unstable rather than properly loose, hard to say how wobbly they are now until the swelling goes down, he looks like he's had lip fillers currently so there will be swelling inside his mouth as well as out.

As far as I know, the fact there is no marking in the glass makes the accident the responsibility of the supermarket.

It might be that for most customers it’s not an issue because they KNOW from coming befire that the glass is there.
If the glass isn’t visible eg at night then it should be the responsibility of the supermarket to make it so. On a H&S pov, I don’t think it would stand.

Write to them by recorded delivery. No need to say you are suing them - simply enough to say you are raising an incident on their premises to their attention. If they don’t respond within a certain time period they are obligated to admit liability and will start settlement. This happened to my friend!

It's quite hard to imagine tbh.

A full height (?) glass screen between a carpark & a walkway?

My DH ( who is also hospital/dentist phobic) successfully made a claim for. Walmart after he slipped on a grape and broke his arm.
But the store got a first aider who insisted he was collected as he had hit his head. His sensible sister collected him and took him straight to A&E. A full medical report was provided.
The claim took 18 months to investigate and resolve.

There's a screen like that at our local next, creates a kind of massive tunnel/porch. I've walked into it a few times in the dark.

Hang on... so is trying it on for some compo a way to get his already crap teeth fixed?

Or was there an actual loss. Which is generally what compensation covers? Does your DH want to sue or is it purely you seeing an opportunity here?

Weirdly my Dad did something very similar going into a branch of Smyths a few years back. He didn't hurt himself nearly as badly though and the staff were brilliant, made sure he was ok and then put a massive poster on the glass so it didn't happen again. I'd forgotten til DM reminded me this morning.

Being frightened of the doctor/A&E/the dentist isn't an excuse to be irresponsible. Driving with a head injury or concussion puts others at risk.

Oddly enough my DB sustained a concussion in a supermarket on a work trip. Work arranged for a colleague to cancel their flight and drive DB home instead (6 hour drive) then he also had to attend the local hospital for months for post concussion syndrome.

No advice on suing. It never even crossed DB's mind to sue the supermarket. In your case, you could report to the H&S Executive because it sounds as though there should be markings (tape or painted) along the barrier. That will help others whilst you try to pursue your 'claim'.

I'd write to them, say that the glass screen is invisible at night, and request they immediately look into placing stickers on the glass to ensure noone else needs to suffer like your DH. Include a photo of him at his worst following the incident.

Hope he feels better soon.

This is rubbish.

There are legal rules that set out how a claim needs to be started and there is no automatic obligation to admit liability.

He won't get his teeth fixed regardless of any compensation, he won't go near a dentist. But yes, he would like to be compensated for his pain and injury, other posters have already confirmed that is the 'loss' in this case. It baffles me why people are so judgemental about available legal channels being used, those channels are there for a reason. And maybe having to pay out will ensure the supermarket take steps they haven't after previous incidents and likely wouldn't have after this one without it costing them, to stop this happening to anyone else.

I do believe you purely because I’ve had similar injuries. It bloody hurts.
I did go to hospital but didn’t pursue any complaints because in my case it was due to my own clumsiness.

Get him to go back and take photos, in the light. Then find out the local council and report it to environmental health as an accident. Their health and safety team will investigate.

I can tell you this absolutely happened. But maybe it was a company policy rather than law? I never thought of that before now

The supermarket in question have really messed up here, and could be in big trouble if they haven't made a record of this accident! ANY incident no matter how big or small, that happened on the premises needs to be recorded and documented, with affected parties present. I work in incident reporting for one of the major supermarkets, and literally every accident and incident that happens throughout our stores gets extensively recorded, documented and investigated. I'd be furious if an injury like this had taken place in one of our stores and the duty manager hadn't followed procedure. They should have called a first aider, and paramedics as soon as it happened, and have followed up with your husbands recovery since. This would be considered a "major incident", as substantial injuries were sustained. Your husband should definitely contact the store in question and ask for a copy of his accident from their accident/injury file, and go from there.