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Original poster

Shop accident.

96 replies

ShopAccident · 12/04/2023 22:59

Hello, my son had something fall on his head in a shopping centre today. I was quite shaken by the incident myself, the shopping centre manager put ice on his head, did a first aid check & gave me advice on what to look out for, put us in a taxi, gave me money to pay & phoned me later.

I noticed a woman taking photos of the scene as I sat comforting my son & wondered if she was going to give them to me but she must of walked off & I didn't think anything else other than worrying about my son.

Since getting home though I've had multiple people tell me I 'Should make a claim' & also being quite nasty about the fact that I 'Just walked away' & that what the shopping centre did 'Just wasn't good enough'

Is it worth claiming for this or should I just let it go? He has a bump & has been very sleepy & he's upset about what happened but other than that seems ok.

OP posts:
ThoseDamnCrows · 13/04/2023 07:51

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

This is incorrect. A claim is not just to compensate for financial loss and I've no idea why people continue to post this statement on here.

If it were true it would mean that anyone who wasn't of working age at the time of accident or incident wouldn't be able to bring a claim. So if a child or pensioner was seriously injured or incapacitated due to negligence they would get no compensation, sorry but it's bullshit.

Wonnle · 13/04/2023 08:10

But you don't tell us what this "item" was that fell on his nut , did it just fall on it's own accord or had it been encouraged to do so by person or persons known or unknown

Original poster
ShopAccident · 13/04/2023 08:12

LIZS They wrote it all down, details of what happened & mine & my son's details etc. It was a metal object that normally fits above the door (no idea what it's called) I only saw it properly & where it fell from when they were walking us out (through a different door) to get a taxi.

PseudoBadger I know, that's the scary thing isn't it. It could have been a lot worse.

I'm so grateful my son is ok & am trying not to torment myself too much with the 'What ifs' (Not easy for me!)

Thank you for all of the support.

OP posts:
Original poster
ShopAccident · 13/04/2023 08:15

Sorry Wonnie I'm not trying to be vague, it's a metal object that fits across the top of the door closing mechanism. About the size of my forearm but not very thick.

OP posts:
Quartz2208 · 13/04/2023 08:16

Something very similar happened to me at a theme park and a bucket landed on her head. DD did get concussion (an awful awful night) but is fine (it was 9 years ago!).

I made a report then and followed up via email because I felt their health and safety was lacking. I did get a response that they would look into and change the procedure and 50 pounds of vouchers to spend in the theme park shops that DD bought lots of soft toys with

JacobsCrackersCheeseFogg · 13/04/2023 08:25

I think the shop manager did everything possible to help you and even bought you a taxi home. They've got above their responsibility towards you. If it was recorded in the Accident book then everything was done properly.

The only grounds you have now is to complain to the customer services of the shop and the shopping centre management to express your concerns over health & safety. If you aren't satisfied with their response then speak to your local HSE for advice.

I speak as someone who deals with H&S matters daily.

itsgettingweird · 13/04/2023 08:27

What did they think the shopping centre could have done?

Compensation is a legitimate claim but it's not just as simple of "that fell and hurt me so you owe me money".

There will need to be proof of monetary loss, permanent effects both physical and mental etc.

It'll will also require proof that they could reasonably foresee that the thing would fall and wasn't an act of god and genuine unforeseen accident.

So what do you want?

You've been compensated for the taxi home. Do you think that there was further blame to be had for the accident? It'll already be investigated as it's necessary to do so so personally I would email the company in charge of safety and ask about the investigation and any outcomes. I'd at least want to be sure they'll be things in place to prevent a repeat.

Tarantullah · 13/04/2023 08:30

I think they acted responsibly to be honest, I would perhaps check that they have logged it and that they have self reported to help ensure they've taken steps that it won't happen again, but no the amount of time and emotional energy in filing a claim that is unlikely to be successful as thankfully he was fine doesn't seem sensible.

itsgettingweird · 13/04/2023 08:34

I got badly bruised at a theme park recently because a staff member shoved a ride barrier down very hard whilst looking elsewhere and talking to other staff.

I was offered compensation of a free trip.

I declined it because I'd not paid entrance (used Tesco vouchers and I get carers ticket) and because I knew I couldn't go back in the next year.

And tbh I just wanted to prevent the same thing happening to anyone else because I had a very bruised and sore boob for a week or so!

However when a sign fell off a pub chain roof onto my head when I was 19 and I missed the following days work I took the £30 loss of wages offered (lost £28 wages as yes - this was decades ago) and accepted they admitted fault and would make sure signs weren't hung and could be knocked off in future.

If it's one of those metal closing arms from a door it's very unlikely they could foresee it would fall off. The issue would be if they knew it was faulty and hadn't fixed it.

LIZS · 13/04/2023 08:38

Agree, was the door properly maintained and have they checked similar ones. HSE can ensure they do.

ChocChipHandbag · 13/04/2023 08:39

@ThoseDamnCrows I defend these claims on behalf of insurers for a living!

There are other types of financial loss in addition to loss of earnings, plus smallish fixed amounts for "Pain and suffering" where an injury is more than superficial. Surprise surprise, it's quite complicated. Don't be so rude.

purpledalmation · 13/04/2023 08:42

He's had a minor head injury and will likely make a full recovery. The amount of compensation would be minimal. He's not an adult so didn't lose income, so won't be compensated for that. Not worth the bother.

The 'O' from a Woolworths sign fell off and missed my mother by inches. The manager sat her down, gave her flowers and chocolates and looked bloody relieved!

Mariposista · 13/04/2023 09:03

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

This. It’s not a chance to get some free money.

Rosula · 13/04/2023 09:13

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

I think you don't understand what a claim is for. It is absolutely standard in English law for personal injury claims to include damages for pain, shock, and inconvenience as well as financial losses.

OP, I'm a bit worried that you say that the object caused an "almighty crash" when it hit the floor. That would also imply an almighty crash on your son's head. Are you sure he is OK?

Rosula · 13/04/2023 09:14

Mariposista · 13/04/2023 09:03

This. It’s not a chance to get some free money.

Show quote history

No, not this. I'm afraid that post is incorrect.

Rosula · 13/04/2023 09:16

ChocChipHandbag · 13/04/2023 08:39

@ThoseDamnCrows I defend these claims on behalf of insurers for a living!

There are other types of financial loss in addition to loss of earnings, plus smallish fixed amounts for "Pain and suffering" where an injury is more than superficial. Surprise surprise, it's quite complicated. Don't be so rude.

I don't think @ThoseDamnCrows was rude, she was being purely factual. Your post was incorrect.

Original poster
ShopAccident · 13/04/2023 09:38

Rosula Yes, thank you. He's absolutely fine, honestly. He said it doesn't even hurt today & there's not much of a bump.

I think the noise was more because it's metal onto concrete & it was quiet so it shocked me. Having not seen it happen I'm not sure but I'd guess it kind of bounced off his head. Poor boy.

I'm more worried that he will now refuse to go back to the shopping centre which will be a shame because of the activity centre but I'll cross that bridge if it's an issue.

Thank you everybody, I'll read back properly later.

OP posts:
SophiaSW1 · 13/04/2023 09:40

I think the first thing to do, rather than making a claim, is to simply make a written complaint to the centre explaining why you think they are at fault. You may get an apology possibly some low level vouchers if it agrees it was at fault. If they deny liability you could make a claim, but if he wasn't actually injured then It's a waste of your time to do so.

ChocChipHandbag · 13/04/2023 09:46

@Rosula telling someone what they have said was "bullshit" is beyond rude. I'm secure in my professional opinion, as well as having had direct experience in the other side as a claimant. Clearly I'm not going to write a piece of comprehensive legal advice on a Mumsnet forum. If OP's son has nothing more than a passing bump on his head he is not going to be awarded damages that are worth pursuing. If ( God forbid) it is a worse injury then things would be different.

But she can always waste her time going to a no win no fee lawyer to be told that.

Houseplantmad · 13/04/2023 09:46

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

You do actually. The insurers of many organisations will settle a claim, even if tenuous, to avoid legal bills. It happened to my employer recently. They, quite reasonably, weren’t entertaining a claim but their insurer settled with the claimant who knew this would happen. They got several thousand pounds.

Tromso · 13/04/2023 09:54

Glad your son is better today, OP.

I'm disgusted that all the ads on this thread on mobile are for those rotten ambulance-chasing "injury lawyers". MN should be ashamed.

Rosula · 13/04/2023 10:08

Tromso · 13/04/2023 09:54

Glad your son is better today, OP.

I'm disgusted that all the ads on this thread on mobile are for those rotten ambulance-chasing "injury lawyers". MN should be ashamed.

When you or yours get seriously injured as a result of someone's negligence, you could well be very grateful for the help of one of those lawyers. I really don't get the view on MN that it's somehow greedy or in bad taste to expect to be compensated for injuries caused by someone's carelessness. And, just for the record, I'm not a personal injury lawyer.

DemBonesDemBones · 13/04/2023 10:17

@ChocChipHandbag my children received money after a car accident and they incurred no financial loss as a result of the accident 🤷‍♀️

Cadburyscreamegg · 13/04/2023 10:21

Take him to a&e incase you do decide to make a claim you will need a medical report regardless. Get him checked out properly.

ChocChipHandbag · 13/04/2023 10:43

DemBonesDemBones · 13/04/2023 10:17

@ChocChipHandbag my children received money after a car accident and they incurred no financial loss as a result of the accident 🤷‍♀️

I'm sorry that your children were injured. Without the full facts, which I obviously don't expect you to give, I couldn't possibly comment on how your case differed from OP's current position but, as I said, losses come in various different forms and there are set methods for attributing financial value to losses that are not straight purchases made or earnings lost. But a little bump on the head with no lasting impact is not going to attract damages worth pursuing. I stand by my basic statement that damages in this country are compensatory and have to be proven, they are not awarded automatically just because someone was negligent (the negligence also has to be proven of course).

OP, you should be aware that the incident will probably already have been notified to the insurers as a circumstance that might lead to a claim. In the unfortunate event that the injury turns out to be something more, you have not prejudiced your position by anything that you did at the time. You have up to 3 years to bring a claim.

In response to what another poster said, of course "nuisance value" settlements are a thing - all legal negotiation is about the two sides bluffing about the respective strengths of their cases against the prospect of taking it to court. But you have to start with something vaguely sustainable. There are costs-related mechanisms to incentivise early settlement as well.