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.

Nothing but holes and dollar signs to be seen here.

I'm not sure you'd get anywhere although it is awful when these things happen, my 3 year had lift doors slam shut on her (thankfully she escaped with just a small bump to the head and a serious dislike of lifts now) in a shop and the manager said 'oh yes, we have someone coming to look at that lift later there's a problem with the sensors' 🤦‍♀️ I only told them because I didn't want another child (or adult for that matter) getting injured but they really didn't seem to care much at all. If an issue is known about there should be an effort made to avoid it happening again.

ODFOD

I did this exact thing in pure daylight into a cafe’s glass door at full speed. Broke my nose. They brought me ice and apologised and I considered it dealt with. Didn’t occur to me to think about compensation…what are they compensating for loss of?

This sounds like a RIDDOR - see www.hse.gov.uk/riddor/when-do-i-report.htm
The supermarket are obliged by law to report it. Might be worth checking whether they have done so.

Not if he didn't go too hospital straight away from the store. No need to report under RIDDOR.

Hi OP with regards to legalities, when it comes to accidents, a RIDDOR report must be done but if your husband didn't go straight to the hospital then the company doesn't have to do it (e.g if he went home first for things to take to a and e). Also, management of health and safety at work regs 1999, section 3 states that risk assessments must be done. Health and safety at work act 1974 also states that employees/ers work must not cause risk of harm to people who aren't employees. The fact that it has happened multiple times probably builds a stronger case. There is cctv footage and if the company hasn't made a record or each incident, it will be in breach of the legislation

Honestly you haven't helped your potential case here
your husband didn't attend a doctor as a result of his injuries nor did he miss any work. If it even gets that far it's going to be difficult to argue they were really significant if he neither sought medical attention nor missed work in the immediate aftermath.

Sounds like the glass maybe should have manifestations but doesn’t https://www.stocksigns.co.uk/glass-manifestation-building-regulations-2000-part/

The accident should have been recorded in the accident book or equivalent at the time. He should also have been given first aid properly at the time, but he might have refused it and said he was ok.

I’m a health & safety professional. It’s not a RIDDOR but the accident should have been reported and investigated internally. The company would then decide whether the glass needs manifestations or more than it already has.

If it were me I wouldn’t try to pursue compensation. From what you’ve said I can’t see how he can prove his injuries were what he says, and caused in the way he said they were. It’s possible he’d succeed but you’d have to take legal advice. He really should have got medical attention at the time. The fact that he didn’t goes against him as it could be used to show he wasn’t injured as much as he’s saying.

For those doubting that colliding with glass can cause this much damage, it can! I walked into a glass door in a similar way in the dark. The door was normally open and I couldn’t see that it was closed. I wasn’t running. I was quite stunned and my nose was bleeding and bruised - it was extremely painful and I thought it was broken - I’m sure it would have been if I’d hit the door any harder.

It isent. He didn’t got to hospital from site and nose fractures don’t fall under specified injuries.

@Chocolatethin in my opinion you’d have had a much stronger case had he gone to hospital and sought treatment, however due to his phobias you could argue this wasn’t possible. Ensure to keep the pictures he took of his injuries as these can be used. And will contain metadata to corroborate the timings of the accident.

I would also visit the GP so he has a record of it on his notes.

submit a subject access request for the CCTV Direct to the supermarket chain (potentially they may have something on their website to allow you to do this), footage can overwrite after 28 days so be sure to do this quickly- At the same time you are contacting them outline the incident and that two members of staff were aware of it at the time, I would add in the security guards comments about there being a history, and ask for a copy of the accident Form that should have been completed. This can also serve as proof he is Officially reporting the accident, which one would hope they would investigate.

For everyone on here saying it’s greedy Claiming compensation etc, how would you feel if it happened to you this evening and you found out the supermarket was well aware of the risk to its customers due to previous incidences but still Failed to mitigate the risks. Sometimes this is the only way to get them to act!

I went straight into a friend's patio door once when we were going to play out in the garden, thought it was the open air.

Was quite painful.

No one's saying they're greedy - they're saying it's bullshit. If you smash your face in, break your nose, break your teeth, concuss yourself, and pour blood from your face, you seek medical attention.

@BloodAndFire I agree, that’s why I said it would have strengthened their case and he should still go to his GP. Because there’s been no XRay they won’t be able to claim for an fracture which brings the quantum down as does the fact he didn’t have any time off work.

Having said all that, I have seen many many cases of people not seeking medical treatment but still go onto have successful claims. He’ll have attend a a medical as part of the claim regardless.

@Chocolatethin I use to deal with shop fit outs / project management and clear glass had to have markings on, we use to put two rows of frosted markings on, one had to be a eye level and one lower, it was required under building and HSE regulations. This was to prevent injury and ultimately to protect the business from legal action if someone was injured.

I’d really like to see what it looks like because I’m struggling to visualise.

OP was it just that store there or part of a retail park? I’m asking because the car park, and walkway, might not belong to the store if it’s on a retail park. Our local store has trolley bays in the car park but it isn’t their car park iyswim. I’m just struggling to understand what branch of a supermarket would have a random walkway.

You have to prove the following

1. that the professional owed you a duty of care, which might have arisen because a contract exists between the two of you;
2. this duty of care was breached by the actions of the professional e.g. through poor advice or incompetence;
3. that the breach caused you a loss whether it be financially, in health etc; 4)that any loss you incurred was a direct result of the professional’s breach.

I agree the problem you have is that he didnt properly report the accident at the time and he didnt go to hospital. And there is arguably the fact that his phobia has meant that the impact on him is more than it would be if he got his issues fixed. And that he continued to work - compensation is usually there to cover LOSS and it needs to be proven loss. It is why for example the payouts for birth negligence are so high - because it is very easy to prove both the loss and what is needed to cover care.

I would definitely want it solved though mainly because it is dangerous for others. When DD was injured (caused concussion) my main driving force to complain was to make sure it didnt happen to anyone else because the health and safety procedures were terrible. She however liked the vouchers!

If he needs dental work doing and has a bad dental phobia he shone able to get it done under sedation. I’m about to have an extraction with IV sedation and that’s on the NHS.

Why are you putting 'claim'?

god give up and send him for an eye test

Sorry to bang on about this but damaged teeth can be really really serious if left untreated. The tooth basically dies, the surrounding area gets infected, an abscess form it can lead to sepsis. You can literally die from an untreated tooth injury, please please push him to see a dentist.

Ask I don’t doubt this happened and the supermarket are liable, don’t know why you are getting given such shit (that’s mumsnet I guess)

Many policies include legal cover, which is useful for lodging any kind of claim even if not related to the house.

Not meaning to be disrespectful but this is quite a basic thing - so I’d recommend digging through your policy documents and educating yourself; you could have some elements of cover you didn’t know about, or even some you can trim back to save money :)

Thanks, I'll hold my hands up here and admit this is not my thing, its Dp who sorts all insurance stuff out.

You'd be surprised.

I have seen all kinds of serious injuries where people don't go to hospital. Including much more serious fractures than a nasal one.

It does however raise alarm bells when a claimant doesn't seek appropriate medical attention within a proportionate timeframe.

@kirinm

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

Like you I’m a barrister who did some PI back in the day. He hasn’t suffered any losses because he hasn’t sought any treatment, expensive or otherwise. In England and Wales - assuming that’s where he is, he isn’t going to get any court ordered compensation for a self diagnosed broken nose and wobbly teeth which he didn’t seek treatment for.