Supermarket Fall
Discussion
Stepfather in his 70's had a fall inside a large chain supermarket (appears their fault). His knee is badly damaged and he is due for surgery today. He will be in a full leg cast for some time and will need extensive physiotherapy to gain some mobility again after the cast is removed. Usual solicitor is away so I'm wanting advice on what to do regarding out of pocket expenses and ensuring he has the best care so he's up and about again (private physio if required etc). Thanks all
Sorry to hear of your stepfathers fall. When you say appears to be the supermarkets fault what do you mean?
The precedent for supermarket cases is (last time I checked) that it is not automatically negligence that there is a spillage on the floor of a supermarket (assuming it's a wet floor slip?), it is not reasonable to expect a supermarket to see every spillage immediately that it happens - the spillages are often caused by customers who don't report them. There was, I think, a Tesco case (spilt yohgurt?)where Tesco demonstrated that they had a policy of checking isles reguarly and cleaning up spillages and the court accepted that this was reasonable.
Post the facts and I'll give it a bit more thought...
The precedent for supermarket cases is (last time I checked) that it is not automatically negligence that there is a spillage on the floor of a supermarket (assuming it's a wet floor slip?), it is not reasonable to expect a supermarket to see every spillage immediately that it happens - the spillages are often caused by customers who don't report them. There was, I think, a Tesco case (spilt yohgurt?)where Tesco demonstrated that they had a policy of checking isles reguarly and cleaning up spillages and the court accepted that this was reasonable.
Post the facts and I'll give it a bit more thought...
Tripping hazard left by member of staff, obscured from view (bit wooly I'm afraid). Sorry can't elaborate much more but I'll get all the details to post when he's with it again. He's taking it very badly just now. The muscle has detached and the kneecap is chipped. As to liability we'll have to wait and see but I don't know where to start or what to do - so any info would be a help. My husband and I will take care of him even if the supermarket wont.
I'm not a PI lawyer, but I'd imagine your first priority now is to look after your stepfather, make sure that he gets the treatment that he needs from the hospital that is treating him and if you feel you need to pay for that treatment then this is a decision that you will need to take in conjunction with the medics that are treating him.
Even if it is a very clear cut case - and that is unlikely - you won't get any admission of liability from the supermarket or any assistance from them at this stage. You need to concentrate on getting your stepfather sorted out and then work with the lawyers to see if you can prove negligence and then to ascertain what level of compensation is appropriate - you can't do that at this stage as you don't know what his prognosis is. He may go back to living independently or he may require long term care and these things would affect the value of the claim.
In the meantime, check with him and perhaps the supermarket (without mentioned lawyers!) whether there were any witnesses who can back up your stepfather's account of what happened, if there are witnesses make contact with them, you may need them at a later date. Can you persuade the supermarket to show you any CCTV footage that might be helpful? Is the supermarket going to conduct an internal review to find out what happened. When the time comes for bringing legal action you will need to prove how and why the Supermarket was negligent so need as much information as possible.
Good luck
>> Edited by Piglet on Sunday 25th September 11:00
Even if it is a very clear cut case - and that is unlikely - you won't get any admission of liability from the supermarket or any assistance from them at this stage. You need to concentrate on getting your stepfather sorted out and then work with the lawyers to see if you can prove negligence and then to ascertain what level of compensation is appropriate - you can't do that at this stage as you don't know what his prognosis is. He may go back to living independently or he may require long term care and these things would affect the value of the claim.
In the meantime, check with him and perhaps the supermarket (without mentioned lawyers!) whether there were any witnesses who can back up your stepfather's account of what happened, if there are witnesses make contact with them, you may need them at a later date. Can you persuade the supermarket to show you any CCTV footage that might be helpful? Is the supermarket going to conduct an internal review to find out what happened. When the time comes for bringing legal action you will need to prove how and why the Supermarket was negligent so need as much information as possible.
Good luck
>> Edited by Piglet on Sunday 25th September 11:00
Thanks Piglet, he is getting good care just now but once the cast comes of in approx 8 weeks there is a major shortage of physios in the region so not sure how it'll be then. Is there any time limit on how long they keep CCTV footage for? Under DPA do they have to release the footage if you are on it? I'm over 600 miles away so mum will have to do it.
Thanks again
Thanks again
I'm not sure about the CCTV question - perhaps someone else has some knowledge on this?
It may be worth a letter to the store manager (just ring them and ask who it is) asking that any CCTV footage is kept or supplied to you. At least if you've put them on notice that you want to see it and they then destroy it or fail to keep it this might work in your favour!!! The down side is that if they think you are considering a claim they may well not be terribly helpful from here on in!!
You really do need to know about witnesses fairly swiftly.
edited to say:- make sure you bounce this up again on Monday when there might be some insurance/PI lawyer bods around who might have some suggestions on the CCTV footage.
>> Edited by Piglet on Sunday 25th September 13:42
It may be worth a letter to the store manager (just ring them and ask who it is) asking that any CCTV footage is kept or supplied to you. At least if you've put them on notice that you want to see it and they then destroy it or fail to keep it this might work in your favour!!! The down side is that if they think you are considering a claim they may well not be terribly helpful from here on in!!
You really do need to know about witnesses fairly swiftly.
edited to say:- make sure you bounce this up again on Monday when there might be some insurance/PI lawyer bods around who might have some suggestions on the CCTV footage.
>> Edited by Piglet on Sunday 25th September 13:42
I agree you should ask them to retain any footage of the incident asap . . . in writing and via your legal representative if appropriate. Any non-disclosure argument they may come up with (third part data or otherwise) can be defeated under s.35 of the DPA where data held (which does include CCTV imagery) may be required for legal proceedings or prospective legal proceedings.
>> Edited by keithyboy on Sunday 25th September 22:58
>> Edited by keithyboy on Sunday 25th September 22:58
Thanks Guys, surgery went well and he should be out of hospital on Friday. Mum was calling the store manager tonight to ask for the footage as she is 100+miles away staying near the hospital (needed a specialist). She will be heading back on Wed/Thurs to get a bed sorted for downstairs and disabled handrails for the toilet etc.
He has a full leg cast for approx 8 weeks and then a cast above and below the knee for when they start physio. She'll go in to the store on Thurs and get the names of witnesses (small town everyone knows everyone). Then we'll wait for her solicitor to get back.
Thanks again
He has a full leg cast for approx 8 weeks and then a cast above and below the knee for when they start physio. She'll go in to the store on Thurs and get the names of witnesses (small town everyone knows everyone). Then we'll wait for her solicitor to get back.
Thanks again
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