Do I need a compo face?

Author
Discussion

JQ

5,765 posts

180 months

Wednesday 1st May
quotequote all
Super Sonic said:
JQ said:
And that's why we take precautions against predictable actions that may have a bad outcome, most of the time the bad outcome won't occur, but with adequate precautions it will almost never occur. It's literally why the Health and Safety Executive exist and why staff in supermarkets, restaurants and cafes have health and safety training.
And yet, despite all you have said, this wasn't predicted.
It would appear that every person bar you on this thread thinks it was predictable, hence why so many have said the parents should have been on their guard and not been distracted. They all agree that there was a significant risk and the parents should have countered that risk.

All I'm saying is that with proper training the waitress could have also formed part of that risk assessment process and reduced the risk further by their actions.

Super Sonic

5,069 posts

55 months

Wednesday 1st May
quotequote all
JQ said:
It would appear that every person bar you on this thread thinks it was predictable, hence why so many have said the parents should have been on their guard and not been distracted. They all agree that there was a significant risk and the parents should have countered that risk.

All I'm saying is that with proper training the waitress could have also formed part of that risk assessment process and reduced the risk further by their actions.
No, most people on this thread are saying the parents should have been on their guard, not that the waitress should have predicted this would happen. You are now implying the waitress' training was inadequate, meaning the restaurant management are liable. I don't think 'every person on this thread bar (me)' is saying anything like that.

Super Sonic

5,069 posts

55 months

Wednesday 1st May
quotequote all
JQ said:
No it's not. It's completely predictable that if you place something in arms reach of a toddler they may grab it.
Here you imply the waitress was at fault. You seem to have backpedalled from that in your post above.

MightyBadger

2,168 posts

51 months

Wednesday 1st May
quotequote all
ATG said:
I agree he could have done that. All the adults involved in the incident could have done something different. I expect they all wish they had.
Yes indeed, obviously the waitress could have asked where they would like everything placing or maybe even suggesting that she could pop back in a minute when they are all sorted and ready to receive their order. Everything could have been done slightly better and would have possibly negated the whole horrible accident but sometimes it's all stacked against you and st (accidents) happen.. hence me going with 'no compo face required' and sitting on that side of the fence.

I was being a bit awkward and harsh on purpose so apologise for that.

Edited by MightyBadger on Wednesday 1st May 17:21

vaud

50,741 posts

156 months

Wednesday 1st May
quotequote all
Hondashark said:
They took an age to reply but their reply was that they had interviewed the staff member, she said she didn't put it close to my daughter so weren't accepting liability. Also there was no accident report, they didn't fill in the accident book as they didn't have our details. (Which is a ste excuse given all the contact we had with the store manager. I would have thought the incident required a RIDDOR report).
Reading back I think I agree with you OP on the RIDDOR report

"or, when any person other than an employee suffers: An injury as a result of an accident at work and that person has to be taken to hospital;"

Non-fatal accidents to people other than workers
Accidents to members of the public or others who are not at work (such as customers or volunteers) must be reported if: ( I'm not sure if all of these conditions have to be met or if it is "or"):

  • they involve work activity
  • they result in an injury
  • the person is taken directly from the scene of the accident to hospital for treatment to that injury
Examinations and diagnostic tests, such as X-rays, do not count as 'treatment'. However, you must report treatment that involves the person having:

  • a dressing applied
  • stitches
  • a plaster cast
  • surgery
You could ask the HSE here

If nothing else the Morrisons might get some staff training improvements.

Muzzer79

10,143 posts

188 months

Wednesday 1st May
quotequote all
vaud said:
Hondashark said:
They took an age to reply but their reply was that they had interviewed the staff member, she said she didn't put it close to my daughter so weren't accepting liability. Also there was no accident report, they didn't fill in the accident book as they didn't have our details. (Which is a ste excuse given all the contact we had with the store manager. I would have thought the incident required a RIDDOR report).
Reading back I think I agree with you OP on the RIDDOR report

"or, when any person other than an employee suffers: An injury as a result of an accident at work and that person has to be taken to hospital;"

Non-fatal accidents to people other than workers
Accidents to members of the public or others who are not at work (such as customers or volunteers) must be reported if: ( I'm not sure if all of these conditions have to be met or if it is "or"):

  • they involve work activity
  • they result in an injury
  • the person is taken directly from the scene of the accident to hospital for treatment to that injury
Examinations and diagnostic tests, such as X-rays, do not count as 'treatment'. However, you must report treatment that involves the person having:

  • a dressing applied
  • stitches
  • a plaster cast
  • surgery
You could ask the HSE here

If nothing else the Morrisons might get some staff training improvements.
It is 'or' - a RIDDOR report should have been made.

I'm sure that the supermarket would argue that, in the melee to get the child attended to, they didn't have the opportunity to get details for the OP.

OP will, I'm sure, argue that he went to the place afterwards to pass his details.

A RIDDOR report should have been made but I don't think it would make any difference to the OP's compo claim.

vaud

50,741 posts

156 months

Wednesday 1st May
quotequote all
Muzzer79 said:
A RIDDOR report should have been made but I don't think it would make any difference to the OP's compo claim.
I agree but it might prompt some reminders inside Morrisons. Number of RIDDOR events is normally reportable to the Audit and Risk Committee on the board to show trends (not individual cases unless they go with a legal issue).

Antony Moxey

8,132 posts

220 months

Wednesday 1st May
quotequote all
MightyBadger said:
Antony Moxey said:
Oh shut up you idiot. So you're saying there's not a single thing the server could have done. Not one.
Calm down dearest biglaugh

Nobody on the the table told her not to set the hot drinks down, nobody on the table asked her to move the hot drinks. She isn't the childs parent.

Maybe if she had of stayed in bed and not gone to work another waitress would be dealing with exactly the same issue?

This wasn't her fault, lets do a poll.
Perhaps you should have stayed in bed too, you seem intent on simply arguing for the sake of it.

MightyBadger

2,168 posts

51 months

Wednesday 1st May
quotequote all
Antony Moxey said:
Perhaps you should have stayed in bed too
Maybe biglaugh

Read my last few posts. Opinions were asked and opinions were given.

  • edit, was being a bit of a dick on purpose, maybe in the hope of invoking a wake up call.


Edited by MightyBadger on Wednesday 1st May 18:31

valiant

10,357 posts

161 months

Wednesday 1st May
quotequote all
Not going over old ground that has been said many times but what are you hoping to achieve?

A bit of compensation will not heal your daughter’s wounds nor will it help to alleviate any mental anguish your wife is currently going through (I wish them both a speedy recovery). If you got your £10k, then what? Nothing changes.

I’d be wanting to know what changes and processes the supermarket has put in place to stop a reoccurrence. I’d be challenging them on their training of staff, of accident reporting and how frequently H&S refreshers are given.

I can well believe that the store was blasé about it all and I’d wondering how big a gulf exists between what should happen and what really happens day to day with regards to handling ‘hazardous’ substances.

Push it up the chain. Forget local management as they seem inept and want the problem gone. Ask HO why the accident wasn’t recorded, ask for their risk assessments on handling scalding liquids, ask what training their staff receive and is it up to date.

You can’t do much with regards to the event but you can give that store’s management a kick up the arse to ensure that it doesn’t happen again to another child.

Heaveho

5,344 posts

175 months

Wednesday 1st May
quotequote all
valiant said:
Not going over old ground that has been said many times but what are you hoping to achieve?

A bit of compensation will not heal your daughter’s wounds nor will it help to alleviate any mental anguish your wife is currently going through (I wish them both a speedy recovery). If you got your £10k, then what? Nothing changes.

I’d be wanting to know what changes and processes the supermarket has put in place to stop a reoccurrence. I’d be challenging them on their training of staff, of accident reporting and how frequently H&S refreshers are given.

I can well believe that the store was blasé about it all and I’d wondering how big a gulf exists between what should happen and what really happens day to day with regards to handling ‘hazardous’ substances.

Push it up the chain. Forget local management as they seem inept and want the problem gone. Ask HO why the accident wasn’t recorded, ask for their risk assessments on handling scalding liquids, ask what training their staff receive and is it up to date.

You can’t do much with regards to the event but you can give that store’s management a kick up the arse to ensure that it doesn’t happen again to another child.
Or you could ask the people responsible for bringing the child into the world, into Morrisons and then not paying enough attention to the thing they are most responsible for, what they intend to do differently, and whether maybe they should educate themselves? You know, rather than perpetuate the whole " it's someone else's fault scenario " we seem to be accepting wrongly here. Do you honestly think that particular branch haven't at least discussed how to avoid being in this situation again?

Even the title of the thread is a very poor reflection on the OP.

Greendubber

13,243 posts

204 months

Wednesday 1st May
quotequote all
Heaveho said:
valiant said:
Not going over old ground that has been said many times but what are you hoping to achieve?

A bit of compensation will not heal your daughter’s wounds nor will it help to alleviate any mental anguish your wife is currently going through (I wish them both a speedy recovery). If you got your £10k, then what? Nothing changes.

I’d be wanting to know what changes and processes the supermarket has put in place to stop a reoccurrence. I’d be challenging them on their training of staff, of accident reporting and how frequently H&S refreshers are given.

I can well believe that the store was blasé about it all and I’d wondering how big a gulf exists between what should happen and what really happens day to day with regards to handling ‘hazardous’ substances.

Push it up the chain. Forget local management as they seem inept and want the problem gone. Ask HO why the accident wasn’t recorded, ask for their risk assessments on handling scalding liquids, ask what training their staff receive and is it up to date.

You can’t do much with regards to the event but you can give that store’s management a kick up the arse to ensure that it doesn’t happen again to another child.
Or you could ask the people responsible for bringing the child into the world, into Morrisons and then not paying enough attention to the thing they are most responsible for, what they intend to do differently, and whether maybe they should educate themselves? You know, rather than perpetuate the whole " it's someone else's fault scenario " we seem to be accepting wrongly here. Do you honestly think that particular branch haven't at least discussed how to avoid being in this situation again?

Even the title of the thread is a very poor reflection on the OP.
Yep.

Caddyshack

10,973 posts

207 months

Wednesday 1st May
quotequote all
If you moved the books to allow the server to put down the tray then you unconsciously told them where to put down the tray?

Flumpo

3,807 posts

74 months

Wednesday 1st May
quotequote all
OP will no doubt have seen this, but doesn't bode well for any compo.

https://www.thesun.co.uk/news/7229127/baby-boy-lef...


MightyBadger

2,168 posts

51 months

Wednesday 1st May
quotequote all
Caddyshack said:
If you moved the books to allow the server to put down the tray then you unconsciously told them where to put down the tray?
OP said she didn't put the drinks where he had cleared. Moving the books might have indicated to the waitress it was ok to put drinks on the table and that everyone was ready and safe though, who knows.

Was it the right kind of highchair provided by the shop or was it a case of make do with whats provided? I don't think it had a bar/restraint on the front so you can't just move it away from the table slightly to safety without the child slipping out of it.

vaud

50,741 posts

156 months

Wednesday 1st May
quotequote all
Flumpo said:
OP will no doubt have seen this, but doesn't bode well for any compo.

https://www.thesun.co.uk/news/7229127/baby-boy-lef...
Googling her name suggests a very colourful life...

surveyor

17,877 posts

185 months

Wednesday 1st May
quotequote all
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.

Heaveho

5,344 posts

175 months

Wednesday 1st May
quotequote all
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.

theplayingmantis

3,869 posts

83 months

Wednesday 1st May
quotequote all
valiant said:
Not going over old ground that has been said many times but what are you hoping to achieve?

A bit of compensation will not heal your daughter’s wounds nor will it help to alleviate any mental anguish your wife is currently going through (I wish them both a speedy recovery). If you got your £10k, then what? Nothing changes.

I’d be wanting to know what changes and processes the supermarket has put in place to stop a reoccurrence. I’d be challenging them on their training of staff, of accident reporting and how frequently H&S refreshers are given.

I can well believe that the store was blasé about it all and I’d wondering how big a gulf exists between what should happen and what really happens day to day with regards to handling ‘hazardous’ substances.

Push it up the chain. Forget local management as they seem inept and want the problem gone. Ask HO why the accident wasn’t recorded, ask for their risk assessments on handling scalding liquids, ask what training their staff receive and is it up to date.

You can’t do much with regards to the event but you can give that store’s management a kick up the arse to ensure that it doesn’t happen again to another child.
Most people are not inattentive when there are hot foodstuffs around their kids....

But no get someone innocent I trouble, make a fuss, make it about someone else, assuage the guilt, drive up costs needlessly, get something cancelled because if lack of self responsibility.

Let the small minority make everything worse for everyone else because they won't own their mistakes.

richhead

956 posts

12 months

Wednesday 1st May
quotequote all
threads like this make me sad, not because a kid was hurt, thats sad on its own, but the first thought is money!!
my dad broke his neck aged 18, spent his life in a wheel chair, did he sue, no he made the best of life, my son burned himself while at a friends house on their cooker, did i sue, no, and he had life changing injuries to his hands.
st happens , thats life, money is the least important thing in life.