Do I need a compo face?

Author
Discussion

Antony Moxey

8,123 posts

220 months

Thursday 2nd May
quotequote all
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?

Rufus Stone

6,377 posts

57 months

Thursday 2nd May
quotequote all
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
You are just illustrating the mentality of many to always blame someone else.

mcdjl

5,451 posts

196 months

Thursday 2nd May
quotequote all
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
My mother in law tried to offer my 10 month old a cup of water a few times yesterday(she thought he might prefer it to a sippy cup). We had to tell her no unless she wanted the sofa/ carpet soaked. She knows him so should have known to expect that but it was still my responsibility to make sure he didn't get the chance.

surveyor

17,876 posts

185 months

Thursday 2nd May
quotequote all
Rufus Stone said:
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
You are just illustrating the mentality of many to always blame someone else.
So should an organisation whose staff member was involved in an event which a person was injured, had to dial 999, with potential long term scarring just simply shrug their shoulders?

Or should they follow RIDDOR (legal require) and properly investigate what has occurred and whether they should have done anything differently?

I do t think compo is necessarily due from what has been described, but I would not want to think an organisation that experiences such an event does not take a closer look.





Yellow Lizud

2,401 posts

165 months

Thursday 2nd May
quotequote all
surveyor said:
So should an organisation whose staff member was involved in an event which a person was injured, had to dial 999, with potential long term scarring just simply shrug their shoulders?

Or should they follow RIDDOR (legal require) and properly investigate what has occurred and whether they should have done anything differently?

I do t think compo is necessarily due from what has been described, but I would not want to think an organisation that experiences such an event does not take a closer look.
No of course the organisation shouldn't just shrug their shoulders, and yes they should follow the legal requirements.

But how do we know they haven't done this already?
Anyway none of that takes away the responsibility of the parents to ensure the safety of their own kids.

hidetheelephants

24,683 posts

194 months

Thursday 2nd May
quotequote all
Yellow Lizud said:
surveyor said:
So should an organisation whose staff member was involved in an event which a person was injured, had to dial 999, with potential long term scarring just simply shrug their shoulders?

Or should they follow RIDDOR (legal require) and properly investigate what has occurred and whether they should have done anything differently?

I do t think compo is necessarily due from what has been described, but I would not want to think an organisation that experiences such an event does not take a closer look.
No of course the organisation shouldn't just shrug their shoulders, and yes they should follow the legal requirements.

But how do we know they haven't done this already?
Anyway none of that takes away the responsibility of the parents to ensure the safety of their own kids.
We know they haven't followed RIDDOR requirements because that would involve speaking to the OP or their partner.

Hugo Stiglitz

37,218 posts

212 months

Thursday 2nd May
quotequote all
Hondashark said:
Thankfully solicitors are of a different opinion to the bellends blaming us.
Our daughter was in a position of safety and while we were distracted someone put her in danger.
That is fully blameable and rightly deserving of compensation. The issue is proving it when you have no CCTV evidence.
Solicitor is a stretch. I dealt with a few for my negligence case. I decided they were of very low quality so I went it alone and was successful.

It appears it was an accident. If you do engage a no win no fee I'd really read their contact T&Cs before instructing any "Solicitor". I found on two contracts the no win could = "admin fees in the case of a no win".

Morrisons may have full time Solicitors like Zurich engaged or in-house. They may not roll over.

As for bellends? You were distracted and the child reached forward and pulled the pot?


TVRnutcase

153 posts

231 months

Thursday 2nd May
quotequote all
Two adults, with two children of theirs.

A waitress who very sensibly put the drinks in the middle of the table - sounds very sensible. Furtherest away from the edge.

Your children are not my problem - they are yours.

With one-on-one care of the children, what would you like me to do?

As an aside - Is a cafe/pb the place for youngsters that scream, run round, and generally make it unpleasant for everyone else?


angusfaldo

2,791 posts

275 months

Thursday 2nd May
quotequote all
Just popping into this thread to wish the child all the best.

I did exactly what the OP's child did at age 4 with hot liquid landing on my shoulder and upper arm. I still see the scars and I'm 60 this year. Hoping burn care has improved since the 60s and the kid will be unmarked.

My mum felt guilty and still spoke of the incident into her 80s. Keep an eye on lady Honda pls OP.

All the best OP's kid.

fridaypassion

8,610 posts

229 months

Thursday 2nd May
quotequote all
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
Its not at all about being nasty but why is it these days that people cant take personal responsibility for anything? Its a much harder thing to to to accept the responsibility and guilt for basically not safeguarding your kids than it is to simply try and blame someone else. Its about about being flippant over the injury in any way shape or form.

We all have moments where our kids aren't 100% safeguarded its not even a criticism of the OP. My son fell downstairs when he was about 4 that was a trip to A&E. Did we feel bad? Absolutely damn right we did. Did we look to sue to sue the makers of the carpet for making it slippy and blame everyone else for our monetary shortcomings? No.


STe_rsv4

670 posts

99 months

Thursday 2nd May
quotequote all
We should add this thread as a reference in the "why has my insurance gone up" thread.

As has been said many times already on this subject, an accident has occurred, there was no major blame attributed to either party and it was just one of the occasions where "st happens" and someone got hurt due to the outcome of the event (sorry to sound harsh, and I wish your child the best with their recovery).

What I don't like is the immediate jump to "ComPeNsaYshuN" whenever there is some sort of incident. By all means, put a complaint in and ask that better steps are taken to prevent future instances, but this whole culture of demanding money from other drives me nuts.


Roger Irrelevant

2,958 posts

114 months

Thursday 2nd May
quotequote all
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
Because those are the only options of course. Yes a few of PH's resident grumpy old farts are in, banging on about personal responsibility and how everything was better in their day when if an employee got their arm chopped off at work they'd immediately apologise to their employer for the blood making a mess on the floor, offer to clean it up at their own cost, and be grateful if they were allowed to take the afternoon off unpaid to go to hospital (they'd be back in the next day of course). However I don't think a single person has said that this was anything other than an utterly awful thing to have happened, or that the OP should be expected to just forget about it like it was a grazed knee. But somebody getting badly hurt or something being very upsetting does not in and of itself mean that somebody has been negligent as defined by the law, which is what the OP asked about.

I've got a decent working knowledge of the law of negligence and I'm struggling to see that the OP has a slam-dunk case here, even from the telling of the story from the OP's side. It seems more likely that the OP would lose than win. Even if it was found that yes, there was negligence on the part of the cafe worker I think it would also be likely that it would be found that there was contributory negligence on the part of the OP and his wife, and so they won't get any absolution that they're looking for and probably not a whole lot of money either.

I don't doubt that if the OP did decide to get legal then Morrisons may well offer to settle in order to make the case go away. But that would obviously be on a 'no admission of blame' basis and so is only worth doing if the OP's major motivation is chiselling a few quid out of them.

98elise

26,722 posts

162 months

Thursday 2nd May
quotequote all
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
If you had to aportion % responsibility between the server and the parents, what would that be?

Based on that how much money should change hands?

As I said earlier my daughters face was scarred in an accident. It was in a children's play area and she hit her head on a metal slide. Rather than expect compensation from the council because it wasn't padded we accepted st happens.



Edited by 98elise on Thursday 2nd May 10:40

Simpo Two

85,683 posts

266 months

Thursday 2nd May
quotequote all
Roger Irrelevant said:
is only worth doing if the OP's major motivation is chiselling a few quid out of them.
From the opening post:

'My main aim was to recoup the cost of 5 x 50 mile round trips to the burns unit, 5 lots of parking, loss of earning as I had to take time off work and the bloody breakfasts we never got. Then some recompense for my daughter which would go in her ISA (I think the going rate for a leg burn is about £10k)'

Grumpy letter to Morrisons, cheque for £12K (including the breakfasts they didn't get) by return post . You can see the attraction.

Yellow Lizud

2,401 posts

165 months

Thursday 2nd May
quotequote all
hidetheelephants said:
we know they haven't followed RIDDOR requirements because that would involve speaking to the OP or their partner.
We don't know that they haven't followed the legal requirements. We only have the OPs version of events, which we have already seen is very one sided.

theplayingmantis

3,862 posts

83 months

Thursday 2nd May
quotequote all
oyster said:
surveyor said:
theplayingmantis said:
surveyor said:
Heaveho said:
surveyor said:
I'm not going to pile on the OP. Enough people have done that.

However Morrison's attitude is disappointing. I tend to think this is a RIDDOR event, and additionally an investigation would help them address if they could have done anything differently and whether they have a training issue.

Worth a complaint to HSE maybe.

It may turn out that they could not have done anything differently, but it should be explored.

OP - who are you talking to at Morrisons? Store staff or Corporate Staff? I would certainly try to reach their Health and Safety scheme, but if you go after compo they will just lawyer up.
They've piled on for a reason. Wake up and grow up. Live in the world as it is, not how you'd like it to be. Not everything can be pushed aside by blaming someone else.
I agree on the compo. But I completely disagree with Morrisons attitude. A potentially serious accident happened on their premises and did involve their staff. They should report it under RIDDOR and investigate, both legally and morally.

It may well be they could not have done anything differently. Or maybe they could have. Frankly their disinterest, if reported accurately sucks.
An unsupervised child did something bit inexplicable and wouldn't happen 999 out of a thousand if not more. The staff member did nothing wrong. What purpose and to whose benefit if this investigation for? Banning babies from supermarket cafes?

I wonder what industry you work in.
I work in an industry where accidents can be fatal. Ignoring a near miss makes no sense. Ignoring the law (RIDDOR) is illegal.

Ultimately a person was injured on the premises after a member of staff served a customer. I would imagine outcomes could be ranging from it's a freak occurrence, right along to why does the Tea need to be so hot, or even let's send a briefing note to staff to highlight this incident so that they think about where they place hot drinks when young children are in the vicinity.

Again I've not suggested compo. But the facts should be investigated and not cast off.

bowder said:
Perhaps Morrisons did. There are three sides to every story, we have only heard one. I'm a little puzzled by Schrodinger's Solicitor who appears to say there both is and is not a case.
If it was investigated I would imagine someone would have at least asked the OP for their version of events. And agree about different sides. That's why you investigate without prejudging.
I'm afraid that this thread has been infiltrated by the binarists who can't see middle ground. Because you've suggested Morrisons should have investigated at all, you're seen by them as pro-compensation (even though you've clearly stated that's not what you've suggested.

I think you, and your knowledge of such subjects, is wasted here.

But there are those who seem to think the safety standards of the 1970s were as good as things should have got.
The irony is that should someone scratch their car, then all sorts of heavy-handedness must come down. Quite mental.
Not at all.

It's a supermarket cafe. They put tea on a table in a stable position.

Perspective and appropriateness are needed. It's a waste of time in this situation.

I don't disagree it has its place in other scenarios.

theplayingmantis

3,862 posts

83 months

Thursday 2nd May
quotequote all
hidetheelephants said:
theplayingmantis said:
Sadly that attitude is prevalent in a large number of folk and explains why all sorts of things are a bit crap now. Fatties who can't control themselves so now all soft drinks taste like crap, the slam door rail issue on those heritage lines, been fine for fck knows how long without incident but because some moron does something stupid and then has the cheek to blame someone else it ruins it a bit for everyone else.
Slam doors are dangerous, just because they aren't being used for scheduled passenger services isn't a free pass to put people in danger because the operator wants to make money. The rail regulator doesn't want unmodified slam door coaches on main line rails. Even some heritage lines have made the change.
How many accidents have there been?

How many not attributable to individuals not following instructions?

Everything is dangerous. Cars, bikes etc.

Common sense and self responsibility has a factor.

Why should people be protected from their own idiocy. The few people who cant/won't adhere to the slam door guidance should be seen as a from of evolution. It ultimately helps the human race progress.



theplayingmantis

3,862 posts

83 months

Thursday 2nd May
quotequote all
Rufus Stone said:
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
You are just illustrating the mentality of many to always blame someone else.
I don't know why anyone engages with him anymore...people moaned about welsh beef, but he must be the most parroted poster on here...

theplayingmantis

3,862 posts

83 months

Thursday 2nd May
quotequote all
surveyor said:
So should an organisation whose staff member was involved in an event which a person was injured, had to dial 999, with potential long term scarring just simply shrug their shoulders?

Or should they follow RIDDOR (legal require) and properly investigate what has occurred and whether they should have done anything differently?

I do t think compo is necessarily due from what has been described, but I would not want to think an organisation that experiences such an event does not take a closer look.
Necessarily due...jeez.

Monkeylegend

26,515 posts

232 months

Thursday 2nd May
quotequote all
theplayingmantis said:
Rufus Stone said:
Antony Moxey said:
All of those piling into the OP, some quite nastily too, I’m assuming that should the same thing happen to them and their family they’d simply shrug it off and say ah well, sh*t happens, while turning to the server, smiling politely and saying s’ok, no worries, do you have some spare napkins we appear to have had a slight spillage. I expect when they’re down the pub that evening they’ll be saying to their mates oh you’ll never guess what happened today, I was such a berk, still, these things happen eh?
You are just illustrating the mentality of many to always blame someone else.
I don't know why anyone engages with him anymore...people moaned about welsh beef, but he must be the most parroted poster on here...
He has a few competing for that title in this thread smile

https://www.pistonheads.com/gassing/topic.asp?h=0&...