Fall on wet floor in shop - what would you do?

[mamhaf]

I'm quite about this and would like some views.

Last week, I filled up at a Somerfield petrol station then went in to pay.

It was sheeting with rain, and as I stepped on the tiles inside the automatic door, I slipped on the floor and landed on my back, hurting my wrist, arm, shoulder and, worst of all, exacerbating an existing back problem which I'd had successful treatment for but which is now painful again (the other aches and pains cleared up after a few days).

There was a built-in doormat, but also a line of floor tiles just inside the door before the mat, and it was those that were wet and slippery.

At the time, I called for the manager, who mopped the floor but said "I've told them the mat should go all the way to the door"

I asked her to fill in an accident report form, but she said she didn't have access to the computer and wrote down my contact details, saying someone would be in touch.

No-one has - so although she took my information, I don't know that it has been recorded.

I phoned the local council the next day and asked them to go along and assess the premises - my fall was bad enough, but I'd hate someone else to go through the same.

I feel I should write directly to Somerfield too, or maybe even contact a personal injury lawyer.

What do you think?

All the store have to do is to place a 'slippery surface' notice to warn others and then have complaints from people who trip over them (they are often about 3 foot high and luminous yellow).

Many many years ago when I was a saturday girl in Boots I was called as a first aider to a lady outside in the street who had fallen over and hurt herself. An ambulance was called and she was very upset but thanked us for helping, holding an umbrella over her as it was raining etc and sitting with her until they came.

I was then called for an interview as same lady claimed she had slipped over in the store. She claimed the tiles were wet and she had slipped. These were outside an automatic door and were non-slip tiles. We checked back on the cctv which was just over the door and you actually saw her fall over (just slip like you do when it's wet) outside well away from us, people stop to help and little old me going out to see her.

She still persued with her claim and it took nearly 12 months before she stopped when she was awarded a gesture of just under a thousand pounds.

I'd be more careful walking when it's raining.

agree with weesleekit and mumoverseas

if the store were negligent , then techincally you cuold sue, but you won;t get a lot. but if your injury has been made worse then it might alter things

i would pursue with strongly worded letter and see what happens

FWIW, i fell on a wet floor in malaga airport. i hurt my knees and wrists. mostly my ego was bruised. there was no wet floor sign and my fall had been captured on CCTV .lucky me myaby i should have sent it to you've been framed and got a coupel of quid that way !!

my late grandmother fell many years ago in a department store and damaged her elbows so severely she was unable to grip things properly and was in pain for weeks and it affected her her whole life, now, she should have sued

In order for an action in the tort of negligence to succeed there has to be loss or damage. Given that your bad back was (in your words) a painful pre-existing condition.... it might not be as simple as you might think.

I once fell over while ice-skating and you wouldn't believe the number of people who suggested I sue the ice rink.

for goodness sake - it was raining, you knew it was raining. You know that if its raining then floors inside shops are likely to get slippy. OK the shop needs to provide a safe environment, but shoppers also have a responsibility for their own health and safety. Next time its raining take more care

Are any of the people on this thread PI lawyers? No, thought not.

Could someone explain what they think is wrong with a firm acting on a "no win, no fee" basis? It is the Law Society's standard terms of business, approved by the courts. It protects claimants from huge legal bills. It makes access to justice easier for people who couldn't otherwise afford it. Why is this a bad thing?

Personally if you have had symptoms lasting more than 2 weeks I would recommend you contact a local solicitor and make a claim. The exacerbation of your underlying back condition could be very nasty, and people on this thread who say you have suffered no loss are talking codswallap.

Other posters have asked what making a claim would achieve - well, compensation for you, and a store which takes its responsibilities more seriously.

As for talk of the "compensation culture" - there wouldn't be a need for compensation if companies weren't negligent. You only enjoy the consumer rights and protections you now take for granted because people fought for them in the courts.

Re the assault on the schoolgirl, the CICA make awards for victims of violence. They define this very broadly and may be prepared to make an award in the circumstances you describe.

You don't need to engage a solicitor to do this, they can be contacted directly. The CICA (just google it) website is pretty self-explanatory.

The child to whom you refer was left with permanent significant injuries, requiring round the clock care which the NHS shouldn't have to pay for if someone was negligent (I'm not saying the defendants in that case were negligent, it is an extremely complex case taxing some of the finest legal minds in the country, I am not qualified to comment in any depth).

In any case that case is being appealed, I believe.

Not sure whether it has got as far as the Lords yet.

Sorry Swedes but I don't think you know what you are talking about. At the time the OP fell her back condition was non-symptomatic and now it is. We have no idea what damage could have been done. It could be very serious. Why should she tolerate that - because it isn't British? Oh stiff upper lip and all that, it's just a flesh wound .

Knock yourself out. Glad you react so well to having new information imparted to you. Hope you never need the services of a solicitor.

Can you hide a thread you've posted on? Not sure you can.

What exactly have I said that is rubbish? Please explain.

(Told you you can't hide a thread you're on)

OP - don't see a lawyer - the world isn't a risk-free place, accidents happen, the "manager" is probably the only person at the store who has been there longer than two weeks and has had no training in how to process a complaint. I hope your back gets better but legal action on events like this diminish the quality of life for the rest of us - everyone becomes more and more nervous of what constitutes a risk and rules become yet more oppressive.

at Swedes

I'm still waiting for Swedes to explain what I have said that is rubbish.

The suggestion that legal action diminshes everyone's quality of life is ludicrous.

It does though and just saying that it is ludicrous, that anyone who says the OP has not suffered a loss is "talking codswallop" and that there wouldn't be a compensation culture if companies weren't negligent is trite rubbish. As at least one poster pointed out, people will sue because they see an opportunity to make some money regardless of whether anyone has been negligent and the end result is an oppressive list of form-filling and box-ticking bureaucracy that makes it difficult and intimidating for anyone to offer any sort of service or experience. Jesus, we have to take out special insurance to make sure that we are covered if anyone burns themselves slopping a hot drink at a PTA fete. I find that profoundly depressing.

You can't sue if no one is negligent. Not successfully anyway.

I wasn't aware that you and other posters on this thread were Orthopaedic Surgeons who have examined the OP and found her to have sustained no injuries.

Anyway, going back to the OP, seek some real advice. It costs nothing.

I would write it off as one of those unfortunate things that just happens!